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EDUCATIONAL LEGISLATION AND 

ADMINISTRATION IN THE 

STATE OF NEW YORK 

1777 - 1850 



A DISSERTATION 

SUBMITTED TO THE FACULTY 

OF THE GRADUATE SCHOOL OF ARTS AND LITERATURE 

IN CANDIDACY FOR THE DEGREE OF 

DOCTOR OF PHILOSOPHY 
, DEPARTMENT OF EDUCATION 



BY 

ELSIE GARLAND HOBSON 



Private Edition, Distributed by 

THE UNIVERSITY OF CHICAGO LIBRARIES 

CHICAGO, ILLINOIS 

1918 



®ly0 MmtJfrHttg of Qllitrago 



// 



EDUCATIONAL LEGISLATION AND 

ADMINISTRATION IN THE 

STATE OF NEW YORK 

1777 - 1850 



A DISSERTATION 

SUBMITTED TO THE FACULTY 

OF THE GRADUATE SCHOOL OF ARTS AND LITERATURE 

IN CANDIDACY FOR THE DEGREE OF 

DOCTOR OF PHILOSOPHY 

DEPARTMENT OF EDUCATION 



BY 

ELSIE GARLAND HOBSON 



Private Edition, Distributed by 

THE UNIVERSITY OF CHICAGO LIBRARIES 
CHICAGO, ILLINOIS 



1918 



w** 






^L 



GEORGE BANTA PUBLISHING COMPANY 
MENASHA, WISCONSIN 



PREFACE 

-^ A complete study of any important piece of legislation necessarily in- 
volves a thorough-going presentation of the great formative influences 
behind it as well as of the political forces that were arrayed for and against 
iL/Therefore it seems wise to remind the reader that the following pages 
claim to be little more than a chronicle of legislation and an exposition 
of results. To trace to their sources all the educational ideals embodied 
in the laws of New York, to evaluate the influence of men like Hamilton, 
L'Hommedieu and DeWitt Clinton, or to elaborate the political dis- 
sensions which attended some of the more important legislation, does not 
fall within the scope of this book. Neither has the writer essayed to de- 
tail the history of individual institutions, the work of distinguished edu- 
cators, or to discuss educational methods. These things belong to 
another phase of the history of education. The desire of the writer has 
been to set forth as completely as possible the provisions that were made 
for education, to indicate the changes that took place from time to time, 
to show what sort of an educational system was evolved during this for- 
mative period, and to point out what was attained that was of permanent 
value. 

Acknowledgment is herewith made to Dr. M. W. Jernegan for his 
generous advice and encouragement and for his critical reading of the 
manuscript, to Mr. F. W. Schenk for facilitating access to the Law Li- 
brary of the University of Chicago, to Mr. B. C. Lane for the privilege 
of using the Boston Athenaeum, and to Miss Bertha R. Bowman for 
painstaking proof-reading. 



CONTENTS 



CHAPTER I 

Page 
Formative Influences 

Conditions at the time of the Revolution. Modif3dng influences 1780-1850: 
Constitutional provisions for education. Opening of the state for settlement. 
Early settlers from New England. Foreign immigration. Growth of population. 
Occupations. Economic conditions. Social conditions. Extension of the suf- 
frage. Motives of the promoters of education. Summary 1 

CHAPTER II 
The Origin and Development of the Dual System of School Control to 1820 
The University of the State of New York: Act of 1784. Amendment of 1784. 
Revised Law of 1787. Common schools: Condition of education to 1812. Early 
attempts to secure legislation. Law of 1795. Legislation from 1800 to 1812. Act of 
1812 for the establishment of schools. Revisions of 1814 and 1819. Favorable report 
of Superintendent in 1819 18 

CHAPTER III 
Education Under the Regents 
Summary of powers of regents. Incorporation of colleges and academies. 
Supervision and inspection. Reports required. Curriculum in colleges and acade- 
mies. Education for both sexes. Lancaster and select schools 37 

CHAPTER IV 

The Common School System 
Organization in districts, towns, counties and state. School reports. Super- 
vision and inspection by town and county ofl&cers. Wages, certification and 
training of teachers. Curriculum. District libraries 52 

CHAPTER V 
Special Legislation for Cities 
New York: Early education by private and charity schools. Provisions in 1795. 
Provisions in 1813. Controversy between Church schools and Free School Society. 
Education under virtual control of Free School Society 1824-1842. State law for 
common schools extended to New York City, 1842. Evening schools. Other cities: 
Types and periods of legislation. References to cities in general school acts. Private 
incorporated schools as recipients of state funds. High Schools. Legislation for 
centralization 81 



CHAPTER VI 

Support of Education 
Funds for education: Common school fund. Literature fund. United States 
Deposit fund. Town funds. Support of common schools: Sources of support. 
Apportionment of funds. Method of distribution to counties and towns and districts. 
Use made of money not called for. Money forfeited. Support of academies : Appro- 
priations to the regents for academies in 1790, 1792, 1793. Income from funds 1801 
to 1850. Amounts expended. Requirements to be met by academies. Grants to 
individual academies. Aid from common school fund. Support of colleges: 
Appropriations made by the State Ill 

CHAPTER VII 

Education of Special Classes 
Indians. Deaf and dumb. Blind. Orphans. Paupers. Colored children. 
Societies for general educational purposes 153 

CHAPTER VIII 

Summary and Conclusions • 
Summary of legislation: amount and scope. Most important acts. Charac- 
teristics of two periods of legislation, 1777-1820 and 1820-1850. Estimate of achieve- 
ments 173 

Appendix A 

Chronological list of academies incorporated with references to acts relative 
to them 180 

Appendix B 
List of acts granting means of support to academies 193 

Appendix C 
List of socie'ies for general educational purposes 199 

Appendix D 

Chronological list of titles and dates of laws relative to education 1777- 
1850 202 



/ 



INTRODUCTION 



The American Public School System is an ideal rather than a fact. 
What we really possess is forty-eight independent public school systems, 
though it is true that we have running through these systems a degree of 
uniformity which tends more and more to make them approach a standard 
type. But there still exist important variations which can be traced 
back to early periods in our history, due to differences in the educational 
ideals held by those living in the separate colonies and states. Those 
ideals depended, and now depend, on a variety of factors; on the one hand 
the inherited characteristics and institutions of the settlers, and on the 
other the environment in which they were placed. The reaction of these 
two factors was of great importance in determining the attitude of each 
state towards pubhc education during its early history. Besides these 
general factors, there were many of a specific character that influenced 
the relation of the state to education. Among them may be mentioned 
first, the amount, the distribution and the racial elements of the popu- 
lation ; second, the poHtical, rehgious, economic, and social conditions of the 
people from time to time; and third, the character of the educational 
leaders and the sources of their ideals. 

The constitution of the United States left to the individual states the. 
control of education, thus continuing the power previously exercised.] 
There has been but one attempt to bring together the important 
educational legislation of the colonies or states; namely, Educa- 
tional Legislation and Administration of the Colonial Governments , by Elsie 
W. Clews (1899). This work, though incomplete, is exceedingly useful 
for tracing the relation of the state to education during the period in ques- 
tion. When one passes the date 1776, however, our knowledge of the to- 
tal educational legislation of many of the individual states, especially 
those estabUshed before 1850, is very incomplete. This is due principally 
to the fact that the session laws of such states were issued in small edi- 
tions; that few libraries have complete sets of the laws of even one state 
and probably no library has a complete set for all the states. Again, 
the codes of laws that have been issued from time to time by individ- 
ual states, usually give information only with respect to the laws in force 
at a particular date. There is need of a series of volumes, which will 
give the complete text, or approximately the complete text, of the edu- 
cational legislation of each state, especially for the period from 1776 to 
1850 or thereabouts. While desirable, it is not so necessary for the 



period after this date; first because the data can be located without much 
difficulty, and second because the amount is so large that the cost of 
printing it would be excessive. 

The present monograph, concerned with educational legislation of 
New York 1776-1850, is one of a series now in preparation by former or 
present graduate students in the Department of Education of the Univer- 
sity of Chicago. These monographs are intended to supply, in part, the 
gap in our knowledge of the educational legislation of various states. 
Owing to the large amount of such legislation, especially with respect 
to private institutions, it is not practicable to print, in this series, the text 
of all the educational acts passed. However, in order to provide the 
student of our educational history with the information which he must 
have in order to find easily the text of every educational act passed, 
there will be printed, in an appendix, as complete a list as possible of 
the titles of such acts, with exact references to the sources where each 
may be foimd. It is intended that every act, or portion of an act, 
bearing directly on education, shall be recorded. This will include not 
only public acts, but those of a private character, relating to every type 
of institution in which instruction was given as well as to literary, scien- 
tific, or miscellaneous societies whose purpose was the discovery or spread 
of knowledge. It is the purpose of these studies to analyze this legisla- 
tion and make it intelUgible, in chapters which will set forth the general 
factors that account for the legislation, its characteristic features, the 
relation of the state to administration, support, teachers, curriculum and 
other features of the public systems established, including elementary, 
secondary, and higher institutions. Other chapters, varying with indi- 
vidual states, will deal with special types of legislation involving such 
subjects as the development of city systems, the management of land 
grants for education, the relation of the state to special classes of public 
educational institutions, such as those for defective classes, and to private 
institutions as shown in the charters granted or acts establishing. 
X It is obvious that definite limitations must be made with respect to 
the discussion of the factors which account for each and every act, or 
for the legislation as a whole. A complete account could be given only 
by one who has a very exact knowledge of the poHtical, economic, religious, 
and social history of the people during the period in question. Moreover, 
the laws themselves represent the last stage of what was often a long 
process in their passagey^The journals of the upper and lower house, the 
reports of committees appointed, the debates of each house, petitions 
to the legislature, etc., are all a part of the material involved in making a 



detailed study of the factors and forces surrounding educational legisla- 
tion. As in the case of the laws, this material is difficult of access and 
incomplete. To follow in addition the motives of the various political 
or educational leaders responsible for the legislation, or the lack of it, 
would be still more difficult. For such reasons, only the more important 
general factors which influenced educational legislation are considered. 

A complete picture of the legislation would, of course, trace the work- 
ing of the laws, their judicial interpretation, and their main effects. But 
this is a still larger subject and does not fall within the scope of these 
monographs. Such matters are touched upon slightly in order to help 
the reader understand the relation between important educational acts. 
With such hmitations, it is hoped that this series of monographs will 
lead to a better understanding of the evolution of the ideals of the Ameri- 
can Pubhc School System as developed in our early educational legisla- 
tion and, in the present case, what New York contributed within the 
period discussed. 

Marcus W. Jernegan 

University of Chicago. 
October 19, 1918. 



CHAPTER I 

Formative Influences 

At the outbreak of the revolutionary war New York was a small 
and rather backward state with no formulated policy regarding schools. 
In the next seventy-five years it developed into a populous and flourish- 
ing commonwealth with a complex dual school system. This system 
embraced on the one hand, the common schools under the direction 
of a state superintendent and on the other, academies, colleges, and pro- 
fessional schools under a board of regents, while the normal school 
occupied an anomalous position under the control of both. During this 
period the state legislature passed some nine hundred and seventy-five 
acts which were more or less closely connected with the progress of 
education.^ The purpose of this study is not to discuss every such act 
which was passed but rather to present in detail the most important 
ones, to try to show some of the influences which modified legislation 
and to indicate some of the results achieved. Inasmuch as legislation 
is influenced both by estabhshed custom and by social and economic 
factors, the study of the laws themselves is preceded by a resume of 
conditions at the close of the colonial period and by a brief sketch of 
the changing character of the population and of the social and economic 
conditions from 1775 to 1850. An attempt has also been made to show 
what motives prompted the early advocates of popular education. 

When the revolution began, New York still laid claim to a part of 
Vermont and to a vast undefined territory west of Pennsylvania and north 
of the Ohio River. The area of actual settlement included only Long 
Island and the lower valleys of the Hudson, the Mohawk, and the 
Schoharie rivers. Beyond Albany and Fort Schuyler was a wilderness, 
unbroken save by Indian villages and trails. 

The population, estimated at 190,000 in 1775,^ aheady contained 
many diverse elements.^ Hollanders formed the first settlements at 
New York, Albany and Schenectady, at several points along the Hudson, 
and at the west end of Long Island. The EngHsh settled the greater 

* A classification of these acts will be found in Chapter VIII, p. 173. 

'A Century of Population Growth, p. 6, (U. S. Bureau of the Census). 

^ State Census of New York, 1865, Introduction pp. Ixxii and Ixxiii. 



2 EDUCATIONAL LEGISLATION IN NEW YORK 

part of Long Island, the county of Westchester, and much of the country 
along the Hudson below Albany. They also entered the cities founded 
by the Dutch where they finally preponderated both in numbers and 
influence. French Walloons, driven by French intolerance from the 
southern provinces of Holland, came with the Dutch and settled Walla- 
bout, now part of Brooklyn. Huguenots, after the Edict of Nantes, 
found a refuge at New Rochelle, New Platz and New York City. A 
large number of Welsh settled near the upper waters of the Mohawk 
in the seventeenth century. Toward the close of the colonial period a 
permanent settlement was made by the Scotch in Washington County. 
From 1720-1730 men of Scotch descent, who left the North of Ireland 
to escape religious difi&culties, found homes along the western frontier. 
They are credited with having established at Cherry Valley, in 1743, 
the first classical school west of the Hudson.'* Governor Hunter, under 
the patronage of Queen Anne, brought over some three thousand Ger- 
mans from the Palatinate, a country then desolated by war. After an 
unsuccessful attempt to employ them in the manufacture of tar and 
turpentine they were thrown on their own resources and estabUshed 
themselves as farmers in the fertile valleys of the Mohawk and the 
Schoharie.^ These settlers were all protestants but they were not uni- 
formly Calvinists like the settlers in New England. There were also 
some Irish and Scotch Catholics in the colony but their numbers were 
small as, after Leisler's rebellion, papists were deprived of their right 
to vote in New York and were not placed on a political equality with 
other sects until after the revolution.^ 

Besides these groups there were settlers from Pennsylvania and New 
Jersey and men who came to escape the religious rigors of New England, 
for, though the early settlers of New York may have been as spiritually 
minded as their eastern neighbors, they were undoubtedly more tolerant. 
This diversity of stock, the concomitant diversity of religious beliefs, 
and the less intense emphasis on religious forms were doubtless all 
factors in preventing the growth of a state system of education such 
as obtained in New England where the religious motive was stronger, 
where the Calvinistic dogma of universal education for universal salva- 
tion was accepted not merely as an article of faith but as a working prin- 

* Hanna, The Scotch-Irish in America, Vol. II, pp. 50-57. This school was opened 
at the home of the Rev. Samuel Dunlop. 

* Faust, The German Element in the United States, Vol. I, p. 283. Later most 
of them moved to Pennsylvania, v. S. H. Cobb, Story of the Palatines, p. 263. 

•Winsor, Narrative and Critical History of America, Vol. 5, p. 191. 



EDUCATIONAL LEGISLATION IN NEW YORK 3 

ciple, and where, moreover, the population was sufficiently homogeneous 
for politics, religion and education to be easily combined. 

That the mingling of races had a disintegrating effect on a state 
system of education is shown in the early history of the colony. Under 
the Dutch supremacy church and state and school were closely united.'' 
Schools were established under the control of the church and supported 
partly by the church and partly by the colonial government. After 
the English occupation, these schools were supported almost wholly 
by the Dutch church and the Enghsh established their own schools. 
In 1702 the colonial government passed an act^ for the encouragement 
of a grammar free school in the City of New York for which £50 yearly 
were to be raised in the same way in which money was raised for the 
ministry, that is, by taxation. But in 1704 the Society for the Propaga- 
tion of the Gospel, an EngUsh missionary society, became active in 
establishing schools and apparently the government threw off any feeling 
of responsibility for education. The next direct interest shown by the 
government was in the act of 1732^ which provided for a pubhc school 
in New York for the teaching of Latin, Greek and Mathematics, at which 
twenty youths were to be taught gratis. This undertaking was main- 
tained until 1738,^° and with it ended all official interest in secondary 
education for the colonial period. From this time secondary education 
was either in the hands of private individuals, as elementary education 
had always been, or under the control of the several religious denomina- 
tions, or fostered by the Society for the Propagation of the Gospel. 
King's College, established in 1754, served the purposes of higher 
education. Kemp asserts, "From the accounts of Hildreth and 
other agents of the Society for the Propagation of the Gospel there 
is a basis for believing that between 1740 and 1775 both the City (of 
New York) and the province enjoyed school facilities probably compara- 
ble with the other provinces except those of New England; but being 
private ventures, the schools were most irregular and were almost 
constantly being interrupted except in the city itself. This resulted 
in a serious handicap to any sequence of instruction for the children 
as they changed from one master to another after the lapse of altogether 
too long intervals. "^^ However efficiently education may have been 

^ Dunshee, History of the School of the Reformed Protestant Dutch Church, 
pp. 50-58. 

• Clews, Educational Legislation and Administration, p. 234. 

*Ihid., pp. 239-247. 

^° Kemp, Support of Schools in Colonial N. Y., p. 73. 

"7Wd., pp. 78-79. 



•^V 



4 ^ EDUCATIONAL LEGISLATION IN NEW YORK 

carried on, it is evident that before the Revolution, New York had no 

^1 I system of schools such as Massachusetts and Connecticut boasted, nor 

j I was there any established tradition that the state was responsible for 

^ \ the education of its youth. At the close of the Revolution there were 

probably some private schools, and some church schools, beside the 

remnant of King's College, but conditions undoubtedly fully justified 

Governor Clinton's remark that "the war has occasioned a chasm in 

education extremely injurious to the rising generation. "^^ 

The first constitution of the State of New York, adopted in 1777 
and continuing in force until 1821, contained no reference to education. 
Chas. Z. Lincoln^^ calls attention to the fact that John Jay, who was 
so largely influential in framing the document, was called away from 
the convention by the death of his mother three days before its close; 
and that, in a letter to Gouverneur Morris and Robert R. Livingston, 
Mr. Jay criticized the hasty action of the convention and said he would 
have been for a clause "for the support and encouragement of Learning. " 
Mr. Lincoln says, "In view of the influence exerted by Mr. Jay . . . 
we may reasonably beheve that, if he had not been called away from the 
convention, some provision in relation to education would have appeared 
in our first constitution .... and the state need not have waited one 
hundred and seventeen years for a constitutional declaration in favor 
of education. "^^ The constitutions adopted in 1821 and 1846 went 
no farther than to provide for the perpetuation of certain funds ^ for 
educational purposes, which funds had already been estabUshed.]/ It 
should be noted that the convention of 1846 did adopt, at onp; meeting, 
two sections providing for the free education of every child of the state 
and for levying the necessary taxes for this purpose but for some unre- 
corded reason it reversed its action on the afternoon of the same day.^® 
Thus it appears that constitutional provision in this state lagged far 
behind actual practice. 

*2 Governor's Message, Jan. 21, 1784. 

"Lincoln, Constitutional History of N. Y., Vol. Ill, pp. 488-489. The letter 
referred to is found in John Jay's Correspondence and Public Papers, Vol. I, p. 69. 

"The Constitution of 1894, Art. 9, Sec. 1, makes the following provision; "The 
legislature shall provide for the maintenance and support of a system of free common 
schools wherein all the children of this state may be educated." 

15 Constitutions of N. Y., 1821, Art. 7, Sec. 10 and 1846 Art. 9, Sec. 1. See also 
F. B. Hough, Constitutional Provisions for Education in U. S. Bur. of Ed. Circ. of In- 
formation 1875, No. 7, pp. 68-70. 

" Journal of the New York Convention 1846, pp. 1478-1482. 



c^ 



J^i> 



'.r^ 




EDUCATIONAL LEGISLATION IN NEW YORK 



/e 



By the cession to the United States of her western lands on March 
18, 1781," and by the settlement with Vermont in 1789,^^ New York 
established permanent boundaries within which an era of expansion 
now began. The settlers on the Western frontier had suffered grievously 
from Tory and Indian raids during the war. It is estimated that in 
the Mohawk Valley only one third of the population remained when 
peace was declared. ^^ Though this may be an exaggeration there can 
be no doubt that unspeakable devastation was wrought by marauding 
expeditions, massacres, and the burning of towns. General SulUvan's 
expedition to the Seneca and Cayuga country in 1779 broke the power 
of the Six Nations. It was not long before immigration to this fertile 
region began. 

The prodigality of the state in the disposal of public lands gave an 
immediate impulse to speculators and to adventurous settlers. In 
1782 a tract of land between the Oneida, or Tuscora, country and Seneca 
Lake was reserved for bounty lands.^" This was known as the Military 
Tract and was intended to satisfy the claims which should arise under 
the acts of 1781-^ and 1782-^ which promised to men serving in the army 
land in lieu of money, the state being "greatly distressed for want of 
specie. "^^ The Indian title to this domain was extinguished by a pur- 
chase from the Onondaga and Cayuga Indians in 1788 or 1789 and the 
Surveyor-General was forthwith directed ^^ to lay out as many townships 
as would satisfy the claims under the previous acts, and to set apart one 
lot in each township "for promoting the gospel and a public school" 
and another "for promoting literature," the proceeds to be appHed 
"as the legislature shall direct." By an act of 1786^^ "for the speedy 
sale of unappropriated lands," commissioners of the land ofl&ce were 
appointed who were authorized to cause the actual survey of all lands 
which they deemed proper for sale, in townships of 64,000 acres, reserving 

^' Donaldson, Public Domain, p. 44. 

^*Laws of New York First meeting of the 13th Sess., Chap. 2, 1789, July 16. 
By this law New York renounced its rights to the land claimed by Vermont. 

1' Roberts, New York, II p. 450 (Figures taken from a meeting at Fort Plain, 
May 9, 1783). 

2" Laws of N. Y., 1782 July 12, Ch. 11. First meeting of 6th Sess. This included 
the present counties of Onondaga, Cayuga, Seneca, Cortland, most of Tompkins, a 
small part of each Schuyler, Oswego and Wayne. 

21 Ibid., 1781, Mar. 20, Ch. 32 and 1782 Mar. 23, Ch. 22. The former act provided 
for the appointment of a Surveyor-General to look after the distribution of these lands. 

^Ihid., 1782, Ch. 22, Preamble to Sec. 3. 

^Ubid., 1789, Ch. 44. 

^ Ibid., 1786, Ch. 67. Two laws previously passed for this same purpose were 



6 EDUCATIONAL LEGISLATION IN NEW YORK 

in each one lot for ''gospel and schools" and one for "literature." An 
act of 1789^^ provided for the laying out and sale of lands west of the 
Unadilla river with reservation of lots for "gospel and schools" but not 
for "literature. " These lands, which had been bought from the Indians 
in 1785, comprised Chenango, Madison and Oneida Counties. By 
1805 this land had all been sold including the lots set apart for the support 
of the gospel and of schools.^^ By an amendment^'' to the above men- 
tioned act of 1786 the Commissioners of the Land Ofhce were given full 
power "to sell and dispose of any of the waste and unappropriated lands 
in the state in such parcels, on such terms and in such manner as they 
shall judge most conducive to the interest of this state," certain lands 
in the southern and eastern counties being exempt. Under these various 
acts nearly 20,000,000 acres were sold for nominal sums,^^ 5,542,173 
acres being disposed of under the act of 1791.^^ Although most of 
this land fell into the hands of wealthy men and speculators and great 
tracts were held for years unimproved, much of it, nevertheless, was 
immediately disposed of to settlers at comparatively low prices, Massa- 
chusetts claimed a large part of Western New York by right of early 
Enghsh grants. The claim was adjusted in 1786 by giving Massachu- 
setts the preemption right to ten townships between the Owego and 
Chenango rivers and to all land west of a line drawn through Seneca 
Lake, except a tract on the Niagara River.^° This latter tract was sold 
to Massachusetts men in 1788, the ten townships to John Brown and 
fifty-nine associates, and the western tract to Phelps and Gorham.^^ 
The latter men by a purchase from the Indians secured their title to 
2,000,000 acres between Seneca Lake and a line about twelve miles west 
of the Genesee River. They promptly set up a land oJ6&ce at Canan- 
daigua and disposed of about one third of the land. The rest of the 
Phelps and Gorham purchase was disposed of to Robert Morris who 
hereby repealed namely, Ch. 60 of 1784 and Ch. 66 of 1785. 

^Ihid., 1789, Ch. 32, v. Chap. VI, pp. 118 and 121-132 for use made of school 
and literature lots. 

^^Ihid., 1805, Ch. 133, Preamble, v. Chap. VI, p. 122 for provisions for compensa- 
tory grants. 

^Uhid., 1791, Ch. 42. 

28 Macauley, History of New York, III, pp. 428, 430, 432. 

29 Hammond, History of Political Parties in N. Y., Vol. I, p. 57. 

3" The claim was adjusted by a commission which met at Hartford, Conn., Dec. 
16, 1786. Fletcher, A. C, Indian Education and Civilization, Chap. XVIII. Bureau 
of Education, Special Report 1888. For text of the agreement see Senate Doc. 108, 
1873, pp. 216-223. 

31 Hotchkin, Purchase and Settlement of Western New York, pp. 8-11. 



EDUCATIONAL LEGISLATION IN NEW YORK 7 

also secured the tract lying west, later known as the Holland Patent. 
By him all this land was eventually sold to individuals or to companies, 
but it was practically unsettled until after 1800. 

Although statistics are wanting, it is an accepted fact that New 
Englanders were the largest factor in the settlement of the lands thus 
opened for sale in central and western New York. A desire for economic 
betterment, an adventurous spirit and missionary zeal probably all 
played a part in this movement. The better land in New England 
was largely taken up, prices were comparatively high, and the economic 
situation during the paper money craze made existence almost impossible 
for the farmer. New York was unusually fertile, the price of land was 
comparatively low, and the country was safe, for the Indians who re- 
mained had been peaceably dispossessed. Macauley, writing in 1848, 
gives as prime causes for the New England emigration, the reports of 
fertility carried back by soldiers who had taken part in the expeditions 
against the Indians, the exodus from Massachusetts after Shays' rebel- 
lion, and the cession to Massachusetts of New York lands.^^ 

The following statement is a typical one in the attitude it takes 
toward the part played by New England in this western settlement. 
"In tracing the movements of our population the influence of New 
England in giving origin and character to the early settlements of the 
northern, central and western portion of the state will attract the atten- 
tion of the most casual observer. Immense tracts of land including the 
entire region west of Cayuga Lake and extensive districts on the southern 
border, the Chenango, Delaware and Black Rivers were purchased by 
and settled under New England men whose descendants still form an 
important proportion in the population of these sections of the state. 
In the absence of numerical data it would probably be an approximate 
estimate to assign the proportion of these of EngUsh origin direct, to 
those of English ancestry from New England as ten to one. "^^ Massa- 
chusetts, Vermont and Connecticut each contributed its quota. Be- 
tween 1784 and 1800, "ten thousand settlers are believed to have 
arrived in Herkimer Co. alone. Many of these came from Western 
Massachusetts, (after Shays' rebellion). . . . Early settlers in Tioga 

32 Macauley, op. cit. Ill pp. 417-^18. 

'3 New York State census of 1875. Intro, p. Ixxiii. See also Mathews, The Ex- 
pansion of New England. Timothy Dwight writing between 1815 and 1820 (Travels 
in New England and New York, Vol. Ill, p. 266) said "From 3/8 to 2/3 of the inhabi- 
tants (of New York) have originated from that country (New England). The pro- 
portion is continually increasing. New York is therefore to be ultimately re- 
garded as a colony from New England." 



8 EDUCATIONAL LEGISLATION IN NEW YORK 

county came in 1791 from Stockbridge, Massachusetts, with packs on 
their backs .... The Susquehanna Valley was invaded by many 
men from Vermont . . . whose titles te real estate had been lost in 
the settlement of the New Hampshire grants and to whom as compensa- 
tion were given lands in the Susquehanna Valley which New York had 
purchased from the Oneidas. . . . But the upper Susquehanna lands 
were more indebted to Connecticut than to any other part of the coun- 
try. ... In the New York constitutional convention of 1821 a ma- 
jority of the one hundred and twenty-seven members were either born 
in Connecticut or were sons of fathers who were born there. "^* Besides 
the large New England element there was also some admixture of people 
from New Jersey and Pennsylvania, especially in the Mihtary Tract.^^ 
These people were not obliged, Hke the early colonists, to settle in 
considerable groups the members of which were mutually dependent 
for safety and success. The country was productive and safe and the 
settlers might scatter where their material interests were best served, 
a condition which tended to develop an individualistic rather than a 
community spirit. Lack of transportation at first isolated them still 
more. The rapid development of turnpikes and canals,^® however, 
modified this isolation so that by 1800 "the western country began to 
attain consequence in the councils of the state. "^^ 

In considering the formative influence of New England on educational 
legislation several facts are to be noted. New England itself had under- 
gone a change since Puritan days. ReUgious ardor cooled in the eight- 
eenth century, commercial interests increased, and with the development 
of the district schools education dechned. The people at large were 
more indifferent to education than they had been in the previous century 
and they lacked the educated leadership which had been powerful in 
moulding the educational poUcy of the early days of the colony. The 
great immigration from New England into New York occurred between 
the years 1785 and 1810, the mass of the people probably moving in 
the decade from 1790-1800. From 1775-1820 is generally reckoned a 
period of educational decadence in Massachusetts and Connecticut which 
had been pioneers in educational legislation. The Massachusetts 

3^ Halsey, The Old New York Frontier, pp. 339-342. 

^ Hotchkin, op. cit., p. 25. 

^'"During the years 1799-1819 the legislature passed 253 acts incorporating 
turnpike roads. The great progress in canal building . . . dates from the year 1817. 
In 1825 the state had 363 miles of canals. . . . The construction of railroads began 
about 1831," Sowers, Financial Hist, of New York, p. 14. 

"Macauley, op. cit., Ill, p. 427. 



EDUCATIONAl, LEGISLATION IN NEW YORK 9 

school law of 1789^^ which legalized the district school, estabUshed a 
minimum year of only six months, required grammar schools in towns 
of two hundred families and authorized local civic divisions to levy a 
tax for the support of schools " to teach their children and youth to read, 
write and cipher," is conceded to have been a relaxation of former re- 
quirements, and even the existing laws are said not to have been "so 
well regarded in many parts of the state as the right purposes for which 
they were intended and the happiness of the people require."'^ In 
Connecticut,^^ schools had been supported by state funds, local taxation, 
and tuition. In 1795 a school fund was created from the proceeds of 
the sale of western land. In 1798 local taxation was made optional 
and schools were generally open only so long as money from the state 
fund permitted. 

Notwithstanding the apparent lapse of educational interest and the 
fact that the state of education left much to be desired, the New England 
people were at least familiar with the idea of the desirabihty of universal 
education and with both the principle and the practice of town taxation 
for school support. The people from Connecticut, moreover, carried 
with them the knowledge of a state fund set apart for educational pur- 
poses. . Considering the lack of interest in common school education 
manifested by the government in Colonial New York, the fact that the 
New York law of 1787^^ which provided for colleges and academies 
ignored common schools, that permanent state control of such schools 
was not maintained until after the New England settlers were well 
established in their new homes, and that the names of Jedediah Peck 
and Gideon Hawley, both natives of Connecticut, are identified with 
the estabUshment of the common school fund and the development of 
the common school system, it seems fair to credit New England with 
considerable influence on New York's educational policy so far at least 
as the common schools are concerned. This influence, however, may 
easily be over-estimated if we do not remember that men like George 
Clinton, John Jay and Morgan Lewis, born and bred in New York, were 
earnest advocates of popular education. Moreover, as regards the 
higher departments of education it should not be forgotten that the 
bill of 1787, above mentioned, estabhshed a system of academies and 
colleges which is even yet not wholly discredited^>^ 

'* Martin, Evolution of the Mass. School System, p. 83 ff. 

'^ Winterbotham, An Historical, Geographical and Philosophical view of the Uni- 
ted States, Vol. II, p. 177. 

*" Steiner, History of Education in Connecticut, pp. 35-39. 

« V. Chap. II, p. 22 ff. 



10 EDUCATIONAL LEGISLATION IN NEW YORK 

During Washington's second term a tide of immigration set in toward 
the United States due partly to the opening of the west and the demand 
for laborers, partly to the unsettled conditions of Europe. New York 
received her share. A band of several hundred French refugees were 
given a grant of land in Clinton County.^^ Refugees from San Domingo 
were tendered legislative aid.^^ So great was the number of indigent 
immigrants from Europe that Governor Jay referring to their utter 
lack of resources, suggested that the state ought to provide for them 
instead of leaving them a burden upon local charity.^ 

The next influx of a foreign element came between the years 1817 
and 1825 when 34,000 aliens are said to have entered New York of 
whom some went to the west but "a large portion remained and formed 
an element hard to govern. "^^ Again, after 1842 "men of wholly foreign 
speech and habit seeking a free place for a new life, bent upon their own 
betterment and thinking little of aught that did not touch their own 
fortunes came crowding endlessly in."^^ The effect of this nineteenth 
century immigration on education was not stimulating except as it 
made obvious the hmitations of the existing system and incited the 
people to ameHorative measures. This new population gathered chiefly 
in the cities, largely in New York itself. By its poverty and indifference 
to education it greatly complicated educational problems but it made 
free education for a large part of the population a necessity and thus 
opened the way more quickly to free education for all. 

By these various elements, combined with natural growth, popula- 
tion increased from a meagre 233,896 in 1783 to 3,097,394 in ISSO.^^ 
The greatest percentage of increase occurred before 1810 while the tide 
of settlers was pouring into the newly opened lands of the central and 
western district. The rate of increase from 1790-1800 was 73.19 per 
cent; from 1800-1810, 62.81 per cent."^^ The central tract which ex- 
tended from the Schoharie and Delaware Rivers, north to Clinton 
County and west to the Seneca Lake was all included in Montgomery 

^ State Census 1865 Intro, p. Ixxiii. 

« Laws of N. Y., 1794, Ch. .56. 

*^ Governor's Message, Jan. 6, 1796. The number must have been relatively- 
small, though large for that time, since the total average immigration per year from 
1794-1810 is set at about 6,000. (Rept. of Treasury Dept. Immigration in the U. S. 
1820-1903, p. 4336). 

« McMaster, Hist, of the People of the U. S. Vol. V, p. 124. 

*' Wilson, A History of the American People, Vol. IV, p. 132. 
' " A Century of Population Growth 1790-1900, p. 57. U. S. Bu. of the Census. 

« State Census 1875, p. 8, Table No. 7. 



EDUCATIONAL LEGISLATION IN NEW YORK 11 

County in 1790 and had a population of 28,848.4^ In 1800 it had been 
divided into ten counties which returned a population of about 137,000.^'^ 
Ontario County in 1790 included all the land west of a north and south 
line through Seneca Lake and had a population of 1,075.'*^ In 1800 
it approximated 20,000.^^ The entire increase during these years was 
not in the western part of the state. An examination of the census 
tables shows that crowds flocked yearly to the valleys of the Hudson 
and the Delaware and to the northern counties. New York City in- 
creased between 1792-1810 from 33,131 to 96,373, Albany from 3,498 
to 10,762.^2 There was a sharp falling off in immigration during the 
war times of 1812, and thereafter the percentage of increase fluctuated, 
the highest point being 32.52 per cent in 1820 the lowest 7.23 per cent 
in 1845.53 

"U. S. Census 1790. 

" State Census 1875, p. 2, Table No. 1. 

a. The ten counties made from Montgomery Co. were: 

POPULATION 

Cayuga Co. 15,907 

Chenango Co. 16,087 

Herkimer 14,503 

Montgomery Co. 22,015 

Oneida 22,258 

Since it included parts of two counties it is impossible to compute exactly the popula- 
tion of the district originally included in Montgomery Co. 

^^The census of 1800 assigned to Ontario Co. 15,218; to Steuben Co., made from 
Ontario, 1,788; and to Schoharie, made partly from Ontario and partly from Erie, 
9,808, V. State Census 1875, p. 2. 

" State Census 1865, pp. VI and XXIV. 

w Ibid. 1875, p. 2, Table I and p. 8, Table 7. 

YEAR TOTAL POPULATION ACTUAL INCREASE RATE OF 

SINCE LAST CENSUS INCREASE 



248,931 73.19 

369,998 62.81 

76,861 8.01 

336,902 32.52 

243,646 11.75 

302,150 18.69 

255,909 13.34 

254,404 11.70 

175,574 7.23 

492,899 18.92 





POPULATION 


Onondaga 


7,698 


Oswego 


21,343 


Tioga 


7,109 


Part of Delaware 


(Total) 10,228 


Part of Schoharie 


(Total) 98,081 



1790 


340,120 


1800 


589,051 


1810 


959,049 


1814 


1,035,910 


1820 


1,372,812 


1825 


1,616,458 


1830 


1,918,608 


1835 


2,174,517 


1840 


2,428,921 


1845 


2,604,495 


1850 ^ 


3,097,394 



12 EDUCATIONAL LEGISLATION IN NEW YORK 

The period from 1790-1810 was a time of great rural growth, the 
period from 1820-1850 especially the first decade of this time, is marked 
by the phenomenal growth of cities. In 1820^^ only nineteen out of 
about five hundred towns had a population of over 5,000; seventeen 
of these ranged from 5,000-8,000. Albany's population was 12,630, 
that of New York City 123,706. In 1850^^ ^g^ York City had passed 
the haK million mark with a population of 515,547. Brooklyn had 
131,357 inhabitants; Albany, 50,763; Buffalo, 42,261; Rochester, the 
center of the flour trade, 36,403 and Utica, 17,565. The common 
school system was estabhshed before 1820 when New York was the only 
large city, and special legislation was passed for its benefit. The growth 
of cities after this date necessitated much special legislation in their 
behajfr 

An analysis of the total white population in 1790, based on the names 
of the heads of families, shows an overwhelming preponderance of Eng- 
lish^^^It is impossible to find satisfactory evidence as to the source 
of the increase of population in the following years. The census report 
of 1865^^ states that with the exception of the returns of immigration 
made at custom houses we have no ofiicial statistics of the sources of 
our population earlier than those obtained by the state census of 1845 
which gives 23.3 per cent as of European birth. 

Notwithstanding the rapid growth of cities in the second quarter 
of the century the population remained throughout the period essentially 
agricultural. As late as 1840 out of a total population of 2,428,291, 
of whom 689,302 were engaged in gainful occupations, 455,954 were 
engaged in agricultural pursuits, 173,193 in manufacture and trade, 
and 28,468 in commerce.^^ Manufacturing began in a small way before 
1800; there were even some small factories but as yet the manufactures 
were mostly a product of hand work carried on in the home as an adjunct 
to tiUing the soil.^^ Increasing steadily through the early years of the 

6* U. S. Census 1820. 

5^ N. Y. Census 1865, pp. vi, xxvi. 

^'A Century of Population Growth, p. 116 The percentages are: EngKsh 
78.2 per cent; Scotch 3.2 per cent; Irish .8 per cent; Dutch 16.1 per cent; French .8 
per cent; German .4 per cent; Hebrew .1 per cent; AH other .4 per cent. 

" State Census 1865, p. kxi. The results quoted from the census of 1845 were: 
Bom in State of New York (not indicated how many of foreign parentage) 73.73 per 
cent; Born in New England States 8.78 per cent; Other States and Territories 3.31; 
Mexico and South America .04; Great Britain and her possessions 10.67; France .41; 
Germany 1.90; Other European Countries .32; Nativity not reported 1.93. 

^8 A Century of Population Growth, p. 57. 

" Schouler. Hist, of the U. S., Vol. I p. 239. 



EDUCATIONAL LEGISLATION IN NEW YORK 13 

century manufacturing made its spectacular advance from 1825-1840^° 
when it changed from a domestic to a factory industry and brought 
with it the social and economic problems attendant on the rise of a 
factory population. 

New York shared the almost hopeless financial confusion in which 
the country found itself at the close of the war because of the lack of a 
stable and convertible currency. Gradually hard time? were banished. 
Washington wrote to Jefferson in 1788, "The people are emerging from 
the gulf of dissipation and debt into which they had precipitated them- 
selves at the close of the war. "^^ A time of prosperity followed until 
after the war of 1812. Then came "a period of anxiety and distress 
for the artificially stimulated manufactuiing industries which the war 
and the embargo act had fostered. "^^ This lasted until 1820 when a 
season of rapid industrial development set in which was followed, in 
1837, by another panic due to the unstable condition of state finances 
largely brought about by the huge state debt accumulated in the building 
of canals.^^ The expenditure for education naturally followed somewhat 
closely the waves of economic prosperity in the state. 

Economic and educational development were both intimately asso- 
ciated in New York with the progressive development of facilities for 
transportation. The policy of building canals with state funds had 
much to do with the ups and downs of state finances; and the develop- 
ment of transportation united the different parts of the state and made 
one educational policy possible. 

The period from 1820-1850 was characterized by the growth of 
cities, industrial development and general prosperity. But the rapid 
growth of an urban population in a country hitherto almost wholly 
agricultural gave rise to many new social problems, and the industrial 
development vv^hich brought prosperity to the manufacturer developed 
a factory population neither so well provided for nor so well satisfied 
with conditions. The children of the lower class were idle and uneduca- 
ted, or if at work in the factories were still uneducated. The incor- 
poration of the Society for Juvenile Delinquents in 1824^"* is a witness 
of the unhappy conditions in the city of New York. The humani- 
tarian movement was the outgrowth of the social and economic prob- 

'" Report on Growth of Industries in New York. Dept. of Labor 1902, p. 21. 

•1 Quoted in Johnson, Union and Democracy, p. 46. 

^^ Carlton, Economic Influence on Educational Progress in U. S., p. 36. 

*' Sowers, op. cit , p. 66. 

w Laws of N. Y. 1824, Ch. 126. 



14 EDUCATIONAL LEGISLATION IN NEW YORK 

lems and the unrest of the period.^^ Societies for social amelioration and 
mutual aid sprang up everywhere; such were the Mechanics' Associa- 
tions which were organized in the many cities and the societies which 
established orphan asylums, schools for deaf and the blind aad for 
juvenile delinquents. Nearly all such schools had some provision for 
more or less formal education^,Xfhe phraseology employed betrayed a 
belief that education per se was a palliative for almost any eviL/The 
day when all the evils of society are laid to bad physiological conditions, 
malnutrition, bad teeth, bad eyes, bad housing, had not yet dawned. 
Another noteworthy influence of the time was the workingmen's party 
which for some years had a considerable influence in politics. Carlton 
claims that these two forces united in aiding in the educational advance 
toward tax -support schools and that "educational progress was marked 
in the cities where they developed their greatest strength. "^^ 
,,-'''The extension of the suffrage also helped the cause of popular educa- 
tion; for it was the laboring class, not the wealthy and aristocratic, who 
demanded free schools. The constitution of 1821 was amended in 
1826 abolishing property qualifications, except for negroes, and all adult 
male citizens who had resided in the town a year and the county six 
months were entitled to vote in their town or ward for all officers elected 
by the people.^'^ 

The motive which inspired the supporters of popular education was 
essentially civic. A great deal was said about education for the sake 
of morality but after all morality was emphasized not as an end in itself 
but as the basis of civic security. The practical, utilitarian motive 
also found some place especially in connection with the advocacy of com- 
mon schools. The religious motive was conspicuously absent as was 
also the later idea of education for its purely intellectual values. 

George Clinton was the first governor of New York. His first 
ofi&cial utterance on the subject of education is contained in his message 
read at a special session of the legislature in 1782. This session was 
called at the request of a committee of Congress appointed to confer 
with the various state legislatures "on the necessity of providing com- 
petent means for a vigorous prosecution of the war. " Notwithstand- 
ing the fact that the enemy was still in possession of New York City 
and that this session was primarily for military purposes, Governor 
Clinton took occasion to urge the consideration of some plan for the 

^ Carlton op. cit., p. 39. 

«« IhU., p. 42. 

" The Constitution of 1821, Art. 2, Sec. 1. 



EDUCATIONAL LEGISLATION IN NEW YORK 15 

"promotion and encouragement of learning. "^^ "Besides the general 
advantages, " he said, "arising to society from liberal science, as restrain- 
ing the rude passions which lead to vice and disorder, it is the peculiar 
duty of the government of a free state where the highest employments 
are open to citizens of every rank to endeavor by the estabUshment 
of schools and seminaries to diffuse that degree of literature which is 
necessary to the due discharge of public trusts." In this message 
Governor Clinton enunciated the chief articles of faith held by the 
proponents of popular education in the state, for the next fifty years: 
namely, a conviction that popular education is necessary for the safety 
and perpetuation of repubUcan institutions since it is believed to serve 
the cause both of morality, on which the State must be built, and of 
intelligence, which is necessary for its maintenance. These principles 
are reiterated in the messages of many of the governors who followed 
even down to the close of the period. Since they are political papers 
we are perhaps not justified in taking everything in the messages of the 
chief executives as expressions of personal conviction, yet the sentiments 
uttered must at least have been those supposedly acceptable to a reason- 
able number of their constituents and for the most part they have the 
ring of sincerity. Morgan Lewis concluded his first message^^ with these 
words: "I cannot conclude gentlemen without calling your attention 
to a subject which my worthy predecessor (George Clinton) had much 
at heart . . . In a government resting on public opinion and deriving its 
chief support from the affections of a people religion and morality cannot 
be too sedulously inculcated. To them science is an handmaid; ignorance 
the worst of enemies. Literary information should then be placed within 
the reach of every description of citizens and poverty should not be per- 
mitted to obstruct the path to the fane of knowledge. The higher 
seminaries also should receive every patronage and support within the 
means of enhghtened legislators. Learning would thus flourish and 
vice be more effectually restrained than by volumes of penal statutes." 
The report of the commission appointed in 1811 to bring in a bill for 
the estabUshment of common schools is in the same vein.''" Since this 
bill was not only passed but immediately acted upon and became the 
foundation of all subsequent legislation for the common schools, the 
arguments of the commissioners evidently did not fall on unsympathetic 

"8 Governor's Message 1782, Jan. 27. 
"' Governor's Message, Nov. 6, 1804. 

"Ass. Jour. 1812, pp. 102-107. Reprinted in Messages from the Governor's 
Ed. by C. Z. Lincoln, Vol. II, pp. 717-728. 



16 EDUCATIONAL LEGISLATION IN NEW YORK 

ears; and it seems not unjustifiable to quote from the report at some 
length. 

'Perhaps there will never be presented to the legislature a subject 
of more importance than the estabhshment of common schools. Edu- 
cation as the means of improving the moral and intellectual faculties 
is, under all circumstances, a subject of the most imposing consideration. 
... It were an easy task for the commissioners to show that in 
proportion as every country has been enhghtened by education, so has 
been its prosperity. Where the heads and the hearts of men are generally 
cultivated and improved, virtue and wisdom must reign, and vice and ig- 
norance must cease to prevail. Virtue and wisdom are the parents of 
private and public felicity; vice and ignorance, of private and public 
misery. 

"If education be the cause of advancement of other nations, it must 
be apparent to the most superficial observer of our pecuhar poHtical 
constitutions that it is essential, not to our prosperity only, but to the 
very existence of our government. Whatever may be the effect of educa- 
tion on a despotic, or monarchical government, it is not absolutely 
indispensable to the existence of either. ... In a monarchical govern- 
ment the operation of fixed laws is intended to supersede the necessity 
of intelhgence in the people. But in a government like ours where the 
people is the sovereign power; where the will of the people is the law 
of the land, which wiU is openly and directly expressed; and where every 
act of the government, may justly be called the act of the people, it is 
absolutely essential that the people be enlightened. They must possess 
both intelligence and virtue; intelligence to perceive what is right, 
and virtue to do what is right. Our republic, therefore, may justly be 
said to be founded on the intelligence and virtue of the people. For 
this reason it is with much propriety, that the enlightened Montesquieu 
has said, 'in a republic the whole force of education is required'. . . . 
The commissioners cannot conclude this report without expressing once 
more, their deep sense of the momentous subject committed to them. 
If we regard it as connected with the cause of religion and morahty 
merely, its aspect is awfully solemn. But the other view of it, already 
alluded to, is suf&cient to excite the keenest solicitude in the legislative 
body. It is a subject, let it be repeated, intimately connected with the 
permanent prosperity of our political institutions." 

Notwithstanding this emphasis on civic ends the utiHtarian point 
of view, as we have said, was not wholly lacking. As early as 1793 



EDUCATIONAL LEGISLATION IN NEW YORK 17 

the regents in their annual report^^ referred to the necessity for common 
schools, saying: "On this occasion we cannot help suggesting to the 
legislature the numerous advantages which we conceive would accrue 
to the citizens in general from the institution of schools in various parts 
of the state for the purpose of instructing our children in the lower branch- 
es of education such as reading their native language with propriety, 
and so much writing and arithmetic as to enable them, when they come 
forward in active life, to transact mth accuracy and dispatch the business 
arising from their daily intercourse with each other. " The commission- 
ers of 1811, from whose report quotations are given above, in outlining 
the course of study for common schools included reading, writing, and 
arithmetic and the principles of morality, "these branches of education 
which are indispensably necessary to every person in his intercourse 
with the world and to the performance of his duty as a useful citizen." 
From the foregoing pages it appears that when New York became a 
state it had no system of schools and was unhampered by any traditional 
legislative policy relative to education except that of doing nothing. 
This policy is reflected in the first state constitution. At this time the 
population was small and scattered and mostly agricultural. In the 
next seventy-five years the population was rapidly increased by an influx 
of New Englanders who brought with them well-established ideas of 
education and by foreign immigrants many of whom, at least, contri- 
buted more toward making than toward solving an educational problem. 
The state developed large industrial as well as agricultural interests 
and was forced to face some of the problems of a city population. Not- 
withstanding some periods of financial depression and the increase of 
the pauper class in the growing cities, it was on the whole a time of great 
material prosperity and expansion. The primary motive which underlay 
the educational activity of this period, so far as it found expression, 
was a belief that education which should make for general intelligence 
was necessary for the perpetuation of a democracy and the emphasis 
was on education for the people as a whole rather than education pri- 
marily for leadership. :> 

" Assembly Journal f793, p. 211. 



CHAPTER II 

/ Origin and Early Development oe the Dual System of School 

Control. 1784-1820 

The dual system of school administration is the most characteristic 
feature of the early educational organization in the state of New York. 
The University with its governing Board of Regents, which was not a 
University at all, properly speaking, but rather a State Board of Educa- 
tion, had jurisdiction over colleges and academies and comprised one 
part of the administrative machinery. The State Superintendent with 
the lesser ofi&cials of the common schools comprised the other. These 
two parts of the educational system were not contemporaneous in origin. 
The University was incorporated in 1784, and by the same act 
King's College was revived under the name of Columbia. A revision 
of the law in 1787 altered the relation of Columbia to the University 
as a whole and defined the powers of the regents over the colleges and 
academies of the state. Early reports of the regents show that they 
were alive to the need of some sort of organization for promoting com- 
mon school education. At their suggestion an attempt was made to 
establish such a system in the years 1795-1800 but the experiment was 
not successful. In 1812 legislation was effected which established what 
proved to be a permanent system of common schools under the super- 
vision of a new official to be known as the State Superintendent./-'" 

The University and the Regents^ 

The attempt of Gov. George Clinton in 1782 to secure legislation in 
the interests of education has already been referred to. At the regular 
session of 1784 he again adverted to the subject urging "the revival 
and encouragement of seminaries of learning. "^ Committees were 

1 Sidney Sherwood in The University of the State of New York (U. S. Bu. of Ed. 
Circ. of Information No. 3, 1900) has given a detailed account of the formative in- 
fluences behind this early legislation, of the conflict between the Columbia College 
party and the up-state academy party and an evaluation of the comparative influence 
of Hamilton, L'Hommedieu, and Schuyler in the struggle for the control of the edu- 
cational machinery in the state. Since this work is easily accessible it seems best 
to confine the present discussion to the undisputed facts of legislative history. 

2 Governor's Message, Jan. 21, 1784. 



EDUCATIONAL LEGISLATION IN NEW YORK 19 

appointed to consider this part of the message, and on February 19, 
1784, a bill was introduced, "For establishing a university within the 
state." The friends of King's College saw in this movement for a 
university an auspicious opportunity not only to revive that college 
but to give it a commanding position in the state. They presented to 
the legislature a petition in which they referred to the depletion of the 
board of governors by death or removal and to the fact that the charter 
of the college was inconsistent at some points, with civic and religious 
freedom. They urged that "an alteration of the charter . . . as well as 
an extension of the privileges so as to render the college the mother of 
an university . . . would tend to dififuse knowledge and extend literature 
throughout the state. "^ Their petition was referred by the senate to a 
committee of the whole for consideration in connection with the afore- 
mentioned bill. The result was that the bill was amended and its 
title changed to "An act for granting certain privileges to the college 
heretofore called King's and for establishing a university within the 
state."* By this act King's College was revived under the name of 
Columbia College, and a board of regents was created in which was 
vested not only full control of this college but also powers of adminis- 
tration and supervision of such other educational institutions as should 
thereafter become part of the University. 

^^,/^hese regents were to comprise at any time the existing governor, 
lieutenant-governor, president of the senate, speaker of the assembly, 
mayors of the cities of New York and Albany, the attorney-general, 
and the secretary of state, together with twenty-four men named in the 
act, two from each of the twelve existing counties, vacancies in which 
number were to be filled by the governor acting with the council of 
appointment.^ In addition, the clergy of the several religious denomina- 
tions in the state were permitted to appoint one regent each as their 
representative® and further, all professors, tutors, and fellows of any 

^ Pratt, Annals of Public Education. In "Convocation Proceedings, 1875" p. 
199. Sherwood (Univ. of the State of N. Y., p. 220) says: "It is much to be regretted 
that nothing can be found throwing light on the origin of this idea of a University. " 
Unfortunately the provisions of this original bill are unknown. 

^Laws of N. Y. 1784, Seventh Session, Ch. 51. 

^ The Council of Appointment consisted of four senators chosen by the Assembly, 
one from each district (Constit. of 1777, Art. 23). It was aboUshed in 1821. The 
regents were appointed by the legislature after 1787. 

' An ambiguity as to whether each denomination was to have one representative 
or whether all, collectively, were to have but one was corrected by an amendment 
of Nov. 26, 1784, (Laws of N. Y., 1784, Ch. 15), which allowed one representative 
to each sect. 



/ 



20 EDUCATIONAL LEGISLATION IN NEW YORK 

college were made regents ex-officio with power to vote on questions 
concerning their own colleges, except such cases as concerned them- 
selves. Moreover any college or school which should be admitted to 
the university was entitled to send one representative who, together 
with the president, if the said institution were a college, should be a 
member of the board of regents^,^ 

The regents were directed to elect their own officers, chancellor, vice- 
chancellor, treasurer and secretary; to make ordinances for the govern- 
ment and management of the various colleges which should comprise 
the university; to appoint or remove professors, tutors, fellows, pupils 
and servants; to fix the salaries of officers and servants; to manage the 
estates of the several colleges; to elect a president and professors for the 
college previously known as King's; to found colleges and schools in any 
such part of the state as should seem expedient to them " and to endow 
the same, vesting such colleges . . . with full . . . powers to confer 
the degree of Bachelor of Arts, ... reserving to the chancellor and 
vice-chancellor of the university and a certain number of regents to be 
appointed by a majority of the said regents, a right to visit and examine 
into the state of literature of such college and to report to the regents 
. . . any deficiency in the laws of such college, the college being at all 
times to be deemed a part of the university and as such subject to the 
control ... of the regents.'^ They were also authorized to confer 
any of the higher degrees conferred by the universities of Europe. In 
addition to the colleges and schools founded by the regents, they might 
include in the University, at the request of the founders, colleges and 
schools privately founded and endowed "with an estate real or personal 
of the yearly value of 1,000 bushels of wheat." Upon admission to 
the University such estate was to be vested in the regents and applied 
according to the original intention of the donor or donors. Nothing 
in the act was to be construed to prevent the estabhshment of schools 
and colleges independent of the University, and over these the regents 
were to have no control or supervision. Although the regents were 
given power to found and endow schools and colleges the law made no 
revision for financial support. 

Church domination was guarded against by the proviso that no 
rehgious oaths or tests of any kind were to be required from college 
officials and that no one was to be ineligible to office because of his 
religious behefs. Freedom of rehgious teaching was assured by granting 
to any rehgious sect the right to estabhsh and endow a professorship 
for the teaching of its pecuhar tenets. > 



EDUCATIONAL LEGISLATION IN NEW YORK 21 

The act just cited was passed on May 18, 1784. At the next session, 
on November 26, 1784,^ an amendment was passed clearing up the 
ambiguity regarding representatives from religious bodies and largely 
increasing the number of regents. Dr. Sherwood in his History of 
Higher Education in New York says, "The amendatory act has its 
chief significance in the personnel of the new regents appointed by it. "^ 
He states that the friends of Columbia had engineered the original act 
with a view to putting Columbia in control of educational matters, but 
that of the twenty-four original regents only two were men from New 
York City and County who could be relied on to support the interests 
of that college. Moreover, a majority was required for a quorum. This 
meant that the control of Columbia College as well as of other educa- 
tional interests was in the hands of men outside of the City of New York. 
Dr. Sherwood points out that of the thirty-three new regents appointed, 
-\ twenty were from New York City, "all good Columbia men." Thus 
the control of education in the state was shifted from the "up state" 
party to the Columbia College faction. The amendment provided that 
the chancellor, vice chancellor, or senior regent by appointment could 
call a meeting which must be announced for at least two weeks in a 
newspaper and that eight members should be authorized to do business. 
It also provided that the regents meet annually at the same time and 
place as the legislature, at which meeting the acts and proceedings of 
the regents should be examined. Apparently a report to the legislature 
was not required at this time. 

For three years the activity of the regents was directed toward 
putting Columbia College on its feet while the needs of the state at large 
were neglected. Meanwhile the academy and "up state" party was 
making itself heard in requests for the incorporation of academies inde- 
pendent of the University. The consciousness of this rising antagonism 
to the Columbia monopoly seems to have been a factor in the appoint- 
ment of a committee of the regents,^ in 1786, "to take into consideration 
the present state of the University." This committee included such 
famous names as those of Hamilton, Jay, and Duane, all of whom were 
Columbia men but were nevertheless wiUing to put aside personal pre- 
ferences for the common good. They reported that the original act 
needed amendment in various particulars the most important of which 
concerned the number and powers of the regents and the administration 

^Laws of New York, 1784, (eighth session) Ch. 15. 

* Sidney Sherwood, Hist, of Higher Education in N. Y. pp. 54-55. 

"Regents' Minutes in Convocation Proceedings, 1875, p. 253. 



22 EDUCATIONAL LEGISLATION IN NEW YORK 

of the colleges and schools which should make up the university. The 
committee pointed out that the board of regents was the only body cor- 
porate for Uterary purposes; that because of their dispersed situation 
it was impossible for them to bestow proper care on each institution; 
and that the measure taken to reduce the quorum to a small number 
for the sake of facilitating such action had by ''placing the rights of 
every college in the hands of a few individuals . . . excited jealousy 
and dissatisfaction when the interest of literature required that all 
should be united." They therefore recommended^^ that "each respec- 
tive college ... be entrusted to a distinct corporation with competent 
powers and privileges, under such subordination to the regents as shall 
be thought wise and salutary." They reported that in their opinion 
"liberal protection and encouragement ought to be given to academies 
for the instruction of youth in the languages and useful knowledge" 
and added "the committee feel themselves bound in faithfulness to add 
that the erecting of public schools for teaching reading, writing and 
arithmetic is an object of very great importance which ought not to be 
left to the discretion of private men but be promoted by public authority. 
Of so much knowledge no citizen ought to be destitute and yet it is a 
reflection, as true as it is painful, that but too many of our youth are 
brought up in utter ignorance. This is a reproach under which we have 
long labored, unmoved by the example of our neighbors, who, not leaving 
the education of their children to chance, have widely diffused through- 
out their state a pubhc provision for such instruction." On April 12, 
1787, after several bills had been presented and various amendments 
made, a new bill was passed^^ repealing that of 1784 and embodying 
various suggestions of the committee relative to the colleges and acade- 
mies but ignoring the common schools. Columbia and other colleges 
to be incorporated were given each a separate board of trustees the 
regents having only supervisory, not administrative, powers and it was 
made possible for academies to organize under similar administrative 
boards subject only to the inspection of the regents. This bill was 
evidently a compromise measure and according to Dr. Sherwood the work 
of neither Hamilton nor L'Hommedieu to each of whom it has been 
attributed. Rather " it was a structure raised by many hands, " the out- 
growth of much discussion and of the exigencies of the situation. 

After declaring a university instituted by the name of "The Regents 
of the University of the State of New York" it was enacted that the 

^'^Ihid., pp. 252-253. 

"Laws of N. Y., 1787, Ch. 82. 



EDUCATIONAL LEGISLATION IN NEW YORK 23 

number of regents be reduced to twenty-one, the only members ex- 
officio being the governor and Meu tenant-governor ;^2 and that vacancies 
thereafter be filled by the legislature in the same way in which delegates 
to Congress were appointed. Their officers were to be as before, chan- 
cellor, vice-chancellor, secretary and treasurer. The order of succession 
of the presiding officer was, chancellor, vice-chancellor, senior regent 
by appointment. The presiding officer was authorized to call meetings at 
the request of any three regents, eight of whom constituted a quorum. 
The duties and rights of the regents were: "To visit and inspect all the 
colleges, academies and schools which are or may be established in the 
state, examine into the state and system of education and discipline 
therein, and make a yearly report thereof to the legislature; ... to 
make such by-laws and ordinances ... as they may judge expedient 
for the accomplishment of the trust . . . reposed in them;" ... to 
fill the office of president of a college or principal of an academy if left 
vacant by the trustees for more than a year; to confer degrees other than 
those conferred by the colleges; to use their funds in such manner as 
they should think "most conducive to the promotion of literature and 
the advancement of useful knowledge within the state," provided 
special grants be used only for the purposes specified; to hold an annual 
meeting on the second Thursday after the meeting of the legislature; 
to incorporate any college with the same rights and privileges as Colum- 
bia College upon proper application of individuals or corporations. In 
response to the report of the committee urging that something be done 
for academies the regents were authorized to incorporate academies 
"for the instruction of youth in the languages and other branches of 
useful learning" and to record the same in the office of the secretary 
of the state and to visit such academies as often as they should see proper 
and to inquire into the state and progress of literature therein; to give 
to pupils of academies whose system of education had been examined 
and approved by the regents, the right of entrance in the sophomore, 
junior or senior classes of Columbia or any other college on due examin- 
tion by the president and professors of said college; to change an institu- 
tion from an academy to a college whenever in their opinion "the state 
of literature in any academy is so far advanced and the funds thereof 
12 By an act of 1842, April 8, Chap. 142 the Secretary of the State for the time 
being was made a regent by virtue of his oflfice, making the whole number of regents 
twenty-two. 



24 EDUCATIONAL LEGISLATION IN NEW YORK 

will admit," and to permit such institution to elect a president in place 
of a principal.^^ 

It will be observed that by this act the regents were not, as by the 
previous one, given power to "found and endow schools and colleges" 
or to control them; but only to incorporate, visit, and inspect colleges 
and academies otherwise established. No provision was made for the 
distribution of schools throughout the state, for maintaining any standard 
of curriculum or instruction, or for ensuring adequate inspection. The 
organization of the University remained practically unchanged through- 
out the period under consideration.^* 

It has been shown that by the act of 1784 Columbia College was 
identified with the University of New York, but that by the act of 1787 
the University was made an independent organization and Columbia 
College a unit by itself, on a par with any other colleges which might 
be instituted and not superior to them. By this act trustees were 
appointed for Columbia who should have full control of all affairs per- 
taining thereto, the regents having henceforth only supervisory powers 
as over other educational institutions.^^ The bill stated that ''the 
original charter granted King's College hereby is fully and absolutely 
ratified and confirmed in all respects except that the college hereby 
estabhshed shall be henceforth called Columbia College . . . ; that 
no persons shall be trustees of the same in virtue of any offices . . . ; 
excepting also such clauses thereof as required the taking of oaths and 
subscribing to the declaration therein mentioned; and which render a 
person ineligible to the office of president ... on account of his reli- 
gious tenets and prescribe a form of public prayer . . . ; and excepting 
also the clause that the by-laws and ordinances . . . should not be 
repugnant to the laws and statutes of . . . England; except also . . . 
that . . . where fifteen governors are required to constitute a quorum 
thirteen trustees shall be sufi&cient." This charter continued in effect 
15 It was made legal in 1802 for the trustees of any incorporated academy to 
choose a president, anything in the act relative to the foimding of the university to 
the contrary notwithstanding. Laws of N. Y., 1802, Ch. 30. 

i*In 1815 an act was passed "Relative to the meetings of the regents; " and an 
amendment (1815, Ch. 208) made attendance at least one meeting during the session 
of the legislature obhgatory to continuing in office except for those regents residing 
in N. Y. City. This exemption was repealed in 1839 (Chap. 226). By the same act 
regents were given power to require information necessary to the discharge of their 
duties to be verified by oath. 

15 In 1812, Ch. 6, the provost of the college was made eligible as a trustee. -The 
office of provost was established in 1811 to relieve the president of part of his duties. 



EDUCATIONAL LEGISLATION IN NEW YORK 25 

until 1810 when a new one was granted to the college on the representa- 
tion of the trustees that "sundry impediments in their trust and to the 
interest of literature in the college are found by experience from certain 
restrictions and defects in their charter" and their belief that it was 
desirable to have the charter when amended comprised in one act.^® 
This act defined in full the rights and privileges of the trustees and 
repealed those sections of the law of 1787 which referred to Columbia 
College. 

The Common Schools 

..^^■'^Ithough the committee of the regents in 1787 recommended action 
in the interests of common schools no action was taken until 1795." 
Previous to that time elementary education was in the hands of private 
schools or of religious or charitable organizations.^^ In 1784 the incor- 
poration of religious societies with power to build schools and meeting 
houses was made legal.^^ We know that there were several charity 
schools in New York City^'' and there may have been similar schools 
in the larger towns.^^ Winterbotham/^ in 1795, wrote: "There are 
eight incorporated academies in different parts of the state but many 
parts of the country are yet either unfurnished with schools or the schools 
which they have are kept by low ignorant men which are worse than 
none." Timothy Dwight^'' in his account of his travels in 1799 says, 
"We passed also, a few miserable looking school houses; which plainly 
owed their appearance to the want not of wealth but of sufficient attach- 
ment to education. An observing traveller could not fail to conclude 
that these people must be extensively destitute both of knowledge and 
morals. " The statement made in 181 P^ by the commissioners appointed 
to report a bill for the establishment of common schools probably repre- 
sents not unfairly the situation fifteen years earher: "In populous cities 

IS Laws of N. Y., 1810, Ch. 85. 

" Laws of New York, 1795, Ch. 75. 

1* The poor funds were appropriated for a town school in Clermont in 1791 Ch. 
41, V. Chap. VI, p. 128. This is the earliest record found of a school in New York to 
which town support was given. 

" Laws^ of NewJ^Qrk,_17S4^.Xh_18 

-"V. Chap. V, p. 81 and note 1. 

^^ A certain David Jones, bequeathed a legacy to the parish of Oyster Bay for 
a charity school. No claimants appearing the administrators were authorized to 
put the money into the care of the overseers of the poor. (Laws of N. Y., 1795, Ch. 29). 

22 Winterbotham Hist, of U. S. 1795, Vol. II, p. 341. 

2' Dwight. Travels in N. E. and N. Y. Ill, p. 173. 

2^. Chap. I, p. 15, Note 70. 



26 EDUCATIONAL LEGISLATION IN NEW YORK 

and the parts of the country thickly settled, schools are generally estab- 
lished by individual exertion. In these cases, the means of education 
are facihtated, as the expenses of schools are divided among a great 
many. It is in the remote and thinly populated parts of the state, where 
the inhabitants are scattered over a large extent that education stands 
greatly in need of encouragement. The people here living far from each 
other, make it difScult so to establish schools, as to render them con- 
venient or accessible to all. Every family, therefore, must either educate 
its own children, or the children must forego the advantages of educa- 
tion^j^-^ 

The regents urged the establishment of common schools in their 
reports of 1793 and 1794^^ but the legislature proved unresponsive. Tn 
their annual report of 1795^^ they again broached the matter saying that 
they had supervision of two coUeges and twelve academies and that 
these "with the estabhshment of schools for common branches of educa- 
tion, were the legislature pleased to grant it, must soon have the most 
beneficial effects on the state of society. " Governor Clinton in the same 
year^'^ set forth the duty of the legislature in these words: "While it is 
evident that the general establishment and liberal endowment of acade- 
mies is highly to be commended and is attended with the most beneficial 
consequences, yet it cannot be denied that they are principally confined to 
the children of the opulent, and that a great proportion of the community 
is excluded from their immediate advantages; the establishment of com- 
mon schools throughout the state, is happily calculated to remedy this 
inconvenience and will therefore re-engage your early and decided 
consideration." A law was forthwith enacted^^ that "out of the annual 
revenue arising to this State from its stock and other funds, excepting 
as much thereof as shall be necessary for the support of government, the 
sum of twenty thousand pounds shall be annually appropriated for the 
term of five years for the purpose of encouraging and maintaining schools 
in the several cities and towns of this state, in which the children of the 
inhabitants residing in this state shall be instructed in the Enghsh lan- 
guage or be taught Enghsh grammar, arithmetic, mathematics and such 
other branches of knowledge as are most useful and necessary to com- 
plete a good Enghsh education." 

The administrative offices provided for were the county treasurer, 
county supervisor, (officers aheady existing) three to seven town 

26 Assembly Journal 1793, p. 211 and 1794, p. 32. Reports of the Regents. 

^^Ihid., 1795, p. 85. 

2' Governor's Message, Jan. 3, 1795. 
m. 28 Laws of N. Y. 1795, Ch. 75. 



EDUCATIONAL LEGISLATION IN NEW YORK 27 

commissioners, and two or more trustees for each school. The county 
treasurer was to receive the money from the state; the "supervisors, to 
appropriate the county's share of money to the various towns; the 
commissioners, to distribute the money in the town and to act in a 
general supervisory capacity; the trustees, to hire teachers, secure 
school buildings, make reports to the commissioners and to consult with 
them on matters of interest to the schools. 

The whole amount appropriated by the state was £20,000. The 
revenues of the state, which at this time came from various methods of 
indirect taxation, from the investment of state funds and from the sale 
of public lands,^^ were unable to meet this appropriation after the first 
year. Consequently, in 1799^*^ a general property tax was levied in 
order to discharge the sum of $40,000 which had fallen due on March 
1798 and had not been paid. This tax was continued for three years 
until the act which made it necessary expired by self -limitation. The 
common council of New York City and the supervisors of the several 
counties were directed to cause to be raised by a tax, levied and raised 
as other taxes were, the sum equal to one-half the money apportioned 
to their respective counties. This money was to be added to the amount 
apportioned and applied in the same manner as the money allowed to 
the town. There was no penalty for non-compliance and it is evident 
that the money was not always raised. The money was distributed 
among the twenty-one existing counties,^^ according to their representa- 
tion in the legislature, in sums varying from £174 to £2,200. The pro- 
viso was made that after the next apportionment of representation to 
the legislature the payments should be in proportion to the number of 
electors for members of the assembly in each county. The distribution 
to the towns was made by the county supervisors "according to Ihe 
number of taxable inhabitants appearing on the annual tax list. '^/The 
money was apportioned in the town by the town commissioners on the 
basis of the total number of days of attendance of pupils over four years 
of age, except that in New York and Albany the distribution was left 

'^^ Sowers op. ciL, p. 14. 

3" Laws of New York 1799, Ch. 93. A direct tax was resorted to on only one 
other occasion up to 1850 namely from 1815-1826 when it was necessary to raise money 
to pay the state debt. Sowers op. ciL, p. 115. 

'1 The later subdivision of counties made necessary further action relative to 
the distribution of this appropriation. Accordingly, money originally apportioned 
to Ulster and Otsego counties was directed to be divided among Ulster, Otsego and 
Delaware counties (Laws of N. Y., 1798, Ch. 86). Similar action was taken when 
Rockland coimty was erected out of Orange (Ibid., 1800, Ch. 63); Essex out of Clinton; 



28 EDUCATIONAL LEGISLATION IN NEW YORK 

to the discretion of the city ofi&cials. It was provided in 1797^^ that no 
school should receive more than enough to pay the master's salary. 
This is the only provision relative to the use to which the money should 
be put. 

There were no regulations for inspection or for certification of teach- 
ers except that it was provided that "if it shall at any time appear^to 
the said commissioners that the abilities or moral character of the mas- 
ter or masters of any school are not such that they ought to be intrusted 
with the children or youth or that any of the branches of learning taught 
in any school are not such as are intended to receive encouragement 
from the monies appropriated by this act the said commissioners shall 
notify in writing the said trustees of such school thereof and to the 
time of such notification and no longer shall any allowance be made 
to such school unless the same thereafter be conducted to the approba- 
tion of the commissioners." ' 

The trustees were required to make annual reports to the commis- 
sioners. These reports were to contain the names of teachers, number 
of days of service, terms on which they were hired, names of scholars, 
number of days of attendance and length of term. The commissioners 
were directed to transmit such reports to the county treasurer and the 
county treasurer to the secretary of state who should lay them before 
the legislature. 

The character of the schools thus established or benefited were 
those which provided "a good English education." They were thus 
distinguished from the academies which were supposed, at least, to 
give instruction in the classics. Colleges and academies were originally 
debarred from participating in these funds but the next year the law 
was amended as follows: "The children of the inhabitants of any town 
where there is an academy incorporated or to be incorporated, who 
shall be taught in such academy only reading, writing and common arith- 
metic shall be considered as scholars of common schools are considered 
by the act entitled 'An act for the encouragement of schools' and shall 
have the like benefit as other scholars belonging to the common schools 
in the same towns as to the gratuity of this state and the tax to be 

Green out of Albany and Ulster; and Orange out of Ulster {Ibid., 1800, Ch. 67). An 
act of 1802 (Ch. 65) states that Ontario Co. did not receive its due share in 1796 and 
that this money, namely $750, which stOl remained in the treasury shoiild be paid 
over to county officials for the use of the schools. 
32 Laws of New York, 1797, Ch. 34. 



EDUCATIONAL LEGISLATION IN NEW YORK 29 

raised in the same town. "^^ This casts not a little light on the standards 
of the academies of this time but there seems to be no record of how many 
of the academies then existing profited by this provision. The law 
provided that in New York City the money should be distributed among 
the charity schools and all other schools giving the required instruction. 

This attempt to establish common schools was not a success. The 
legislative records show only one year's report.^* In that year seven 
of the twenty-two counties did not report. There were reports from 
one hundred and sixteen towns in which the total number of schools 
was one thousand three hundred and fifty-two the total number of 
scholars fifty-nine thousand six hundred and sixty. This was about 
ten per cent of the population.^^ In the paucity of records it is impos- 
sible to know just why this attempt did not succeed. When we consider, 
however, that the attempted plan entailed an unaccustomed tax, that 
the recent settlers had had scant time to establish themselves in their 
new homes which were scattered and isolated; that the older com- 
munities were by tradition accustomed to schools maintained by their 
respective churches or by private enterprise, there seems less reason 
for surprise that it did not meet with enthusiastic support. 

In 1800 Governor Jay^^ recommended the subject of common schools 
to the consideration of the legislature and a resolution passed the assembly 
that the previous appropriation be continued for five years, but the 
senate refused to concur .^^ In 1801^^ it was enacted that "No payments 
shall hereafter be made to any county treasurer under the 'Act for the 
encouragement of common schools' . . . until legislative provision 
shall have been made on the subject." In the same year a lottery 
was instituted to raise $100,000 for common schools and academies.^^ 
One-half the proceeds realized from this eventually went into the 
common school fund^/^ 

^^hU., 1796, Ch. 49. 

3^ Assembly Journal 1798, p. 282. 

^ In 1819 the number of cliildren taught was about 22 per cent, of the population 
and this was said to be nine tenths of the whole number of children between five and 
fifteen years of age. {Governor's Message 1820). 

'" Governor's Message Jan. 28, 1800. 

" Randall, Digest of Common School System, p. 10. 

38 Laws of New York, 1801, Ch. 195. 

3' Laws of New York, 1801, Ch. 126. The act specifically states that the money 
is to be divided equally. Swift, in A History of Common School Funds, says that 
only one-eighth was apportioned to academies and seven-eighths to the common 
schools. I find no support for this statement. See Chap. VI, pp. Ill and 112. 



30 EDUCATIONAL LEGISLATION IN NEW YORK 

For three years George Clinton, who had again been made governor 
following John Jay, urged upon the legislature the necessity of doing 
something for common schools, but without success. In his initial 
message he said, " The system for the encouragement of common schools 
having been discontinued and the advantages to morals, religion, Uberty 
and good government arising from the general diffusion of knowledge 
being universally admitted, permit me to recommend this subject to 
your dehberate attention. The failure of one experiment for the at- 
tainment of an important object ought not to discourage other at- 
tempts."^'' The following year*^ he returned to the attack saying, 
"The establishment of common schools has at different times engaged 
the attention of the legislature but although its importance is generally 
acknowledged, a diversity of sentiment respecting the best means has 
hitherto prevented the accomplishment of the object. . . . Permit 
me to observe, that education by correcting the morals and improving 
the manners tends to prevent those evils in society which are beyond the 
sphere of legislation." In 1803 and again 1804, Judge Peck, as chair- 
man of the committee on this portion of the Governor's speech, re- 
ported a bill authorizing the several towns to organize schools and to 
raise money to support them but no action was taken.'*^ 

Morgan Lewis, for twenty years a trustee of Columbia College, 
succeeded Governor Clinton. In his first message he said "Common 
Schools under the guidance of respectable teachers should be estabhshed 
in every village and the indigent be educated at pubhc expense."^ 
At the next session of the legislature action was taken to estabhsh a 
common school fund.^ The . interest on this fund having at length 
reached the amount of $50,000 required by law before any expenditure 
should be made, a bill was passed^^ making it lawful for the person ad- 

" Governor's Message, Jan. 26, 1802. 

«/6wi., Jan. 25, 1803. 

« Randall Digest, p. 11. 

^3 Governor's Message, Nov. 6, 1804. This seems to be the first ofl&cial advocacy 
of free schools for the poor. 

«Laws of New York, 1805, Ch. 66. v. Chap. VI, pp. 112-117. Judge 
Peck is credited with having been the chief factor in bringing about this legisla- 
tion. "He formed the project of establishing a common school fund in pursuance of 
the example then lately furnished by Connecticut, the state from which he emigrated 
... he never lost sight of it and ... to his indefatigable and persevering efforts 
aided by Adam Comstock of Saratoga ... we were principally indebted for our 
school fund and common school system." Hammond, Hist, of Political Parties, I, 
p. 154. 

«Laws of New York, 1811, Ch. 256. 



EDUCATIONAL LEGISLATION IN NEW YORK 31 

ministering the government to appoint five commissioners to report, 
"at the next meeting of the legislature, a system for the organization 
and establishment of common schools and the distribution of the interest 
of the school fund among the common schools of this state. " The com- 
missioners submitted their report in 1812 accompanied by the draft 
of a bill. The report^^ set forth at length the arguments for thus sup- 
porting common schools, an outline of the proposed plan, a statement 
of the condition of the common school fund, suggestions on methods 
of instruction, and remarks on the desirability of competent instructors. 

The bill drafted by the commissioners was passed^^ by the legislature 
and although it proved to be inadequate in detail it comprised the funda- 
mental principles of the school system as it existed until after 1850. To 
remedy various administrative details it was revised in 1814, amended 
in 1815, and again revised in 1819. With some amendments the act 
of 1819 was incorporated in the revised statutes of 1827. The most 
important amendments after this date were passed between 1840 and 
1850 and related to additional town and county supervision, district 
libraries and the details of district organization. Since the bill con- 
tained no provision for New York City a supplementary act was passed 
in 1813 to meet its peculiar requirements.^^ 

An outline of the plan suggested by the commissioners in 1812 is 
best given in their own words. "The outlines . . . are briefly these: 
That the several towns in the state be divided into school districts by 
those commissioners elected by the citizens qualified to vote for town 
officers; that trustees be elected in each district, to whom shall be con- 
fided the care and superintendence of the school to be established there- 
in; that the interest of the school fund be divided among the different 
counties and towns, according to their respective population, as ascer- 
tained by the successive census of the United States; that the proportion 
received by the respective towns be subdivided among the districts, 
into which such towns shall be divided, according to the number of 
children in each, between the ages of five and fifteen years inclusive; 
that each town raise, by tax, annually as much money as it shall have 
received from the school fund; that the gross amount of monies 
received from the state and raised by the towns be appropriated, ex- 
clusively, to the payment of the wages of the teachers; that the whole 

*' V. Chap. I, p. 15 and Note 70, for reference. 

«Laws of New York, 1812, Ch. 242. 

*^Ibid., 1813, Ch. 52. For all legislation relative to New York City, v. Chap. 
V, "Special legislation for cities." 



32 EDUCATIONAL LEGISLATION IN NEW YORK 

system be placed under the superintendence of an officer, appointed 
by the Council of Appointment. " 

The most important differences between this act and that of 1795 
lie in the fact that the money now to be distributed was the income from 
a permanent fund and not a matter of annual appropriation, that the 
system was centralized by the appointment of a state superintendent and 
that the details were more carefully worked out. An examination of 
the provisions of the bill will show more clearly these details. To the 
officers of administration previously named were added a state super- 
intendent and town inspectors, officials who might reasonably be ex- 
pected to add much to the efficiency of the system. The school trustees 
were now named district trustees and the number set at three for each 
t district. It- was the duty of the superintendent to make plans for the 
management of the school fund and for the better organization of the 
schools; to receive reports from the counties; to make the distribution 
of school money in accordance with the data thus secured; and to report 
annually to the legislature. The duties of the inspectors were to certify 
teachers and to visit schools reporting to the trustees on the proficiency 
of the pupils. 

The amount of money to be distributed was set at $50,000 subject 
to increase with the growth of the fund. In the act of 1795 each county 
was required to raise by taxation an amount equal to its apportionment; 
by the act of 1812 the levying of such a tax was made optional with each 
individual town but no town was allowed to receive money unless it 
raised an amount equal to its share. The inhabitants of the town were 
authorized to raise as much more money as they deemed proper, not 
exceeding double the sum of their apportionment. Moreover, the 
inhabitants of each district were authorized " to designate a site for their 
school house, and to vote a tax on the resident inhabitants of such dis- 
trict as a majority present shall deem sufficient to purchase a suitable 
site for their school house, and build, keep in repair, and furnish it with 
necessary fuel and appendages." Thus it appears that the possible 
resources for the support of schools were the state apportionment and 
town tax, both of which were designated to be used for instruction, 
,nd the district tax which was to be used for general maintenance. 
Tuition is not mentioned but it is evident from the report of the com- 
missioners and from the later legislation that the paying of tuition was 
taken as a matter of course.^^ The report states "It is hardly to be 

*^ The word tuition is not used in the laws nor is any provision made for it in the 
law of 1812. The revised law of 1814 (Ch. 192 Sec. 13) provided that the trustees 






EDUCATIONAL LEGISLATION IN NEW YORK 33 

imagined that the legislature intended that the state should support the 
whole expense of so great an establishment. By requiring each district 
to raise, by tax, a sum sufficient to build and repair a school house, and by 
allotting the school monies solely to the payment of the teacher 's wages, 
they have in a measure, supplied two of the most important sources 
of expense." Distribution to counties and towns was to be made on 
the basis of the number of inhabitants at the last preceding United 
States census instead of in accordance with the number of taxable in- 
habitants as before. The distribution to districts was to be made ac- 
cording to the number of children in each district between the ages of 
five and fifteen inclusive as shown by the report to be made by the dis- 
trict trustees, instead of according to the number of days of attendance. 
Both of these changes recognized the needs of the population as a whole 
rather than of the property owning class or of those who were previously 
disposed to take advantage of educational opportunities. 

Formal certification of teachers was provided by the requirement that ; 
no teacher should be employed who had not a certificate signed by at j 
least two inspectors stating that he was of good moral character and 
quaUfied to teach a common school. The inspectors were also required 
to visit the schools "quarterly or oftener" and to examine the good 
order of the school and the proficiency of the scholars. 

Nothing is said about curriculum, probably the term "common 
school" carried its own connotation. The report of the commission 
states that "in these schools should be taught, at least, those branches 
of education which are indispensably necessary to every person in his 
intercourse with the world, and to the performance of his duty as a use- 
ful citizen. Reading, writing, arithmetic, and the principles of morality, \ \ 
are essential to every person however humble his situation in life." 
The district trustees were required to make a report annually to the 
town commissioners of the length of time the school had been kept, the 
number of children taught, the number of children between the ages of 
five and fifteen residing in the district, the amount of money received 
from various sources and the manner in which it had been expended. 
The town commissioners were required to make a summary of these 
reports citing the whole number of districts in the town as well as those 
which reported and to send these returns to the county clerk who in turn 
was required to forward them to the superintendent. 

should decide upon and collect the amount due from individuals "for instruction" 
after the public monies had been spent. 



34 EDUCATIONAL LEGISLATION IN NEW YORK 

The share of funds which should fall to Albany was assigned "to 
the trustees of the Lancaster school/" in the said city, to be appHed to 
the education of such poor children, belonging to said city, which may 
be, in the opinion of the said trustees, entitled to gratuitous education; 
provided, that the said trustees shall receive into said school, all the 
children of every poor person residing in said city, and in no wise turn 
away any child that shall be, for that purpose, presented to them, from 
time to time." 

Gideon Hawley was made state superintendent and held the position 
until 1821. In 1814 he made his first report to the legislature.^^ In 
this report he stated that many towns had refused or neglected to com- 
ply with the provisions of the bill and that towns which did comply with 
it were embarrassed by difficulties arising from imperfect provisions. He 
urged that the bill be revised making it obligatory on all towns to com- 
ply with the act and on the county supervisors to levy in their respective 
towns a sum equal to the sum apportioned to it out of the public money. 
He also raised the question whether the trustees should not be incor- 
porated in order that they might hold the title to the school house and 
lot and whether the trustees were liable for the salaries of teachers whom 
they had engaged and, if not, how the money should be collected. 

The revised bill of 1814 met these suggestions by making the raising 
of the town tax obHgatory; by making the district trustees a body cor- 
porate; and by providing that the district trustees should have power 
to collect the amount of money necessary for paying the teachers from 
the persons liable for this money and to exempt from such payment such 
poor persons as they should think proper. This exoneration of the 
indigent, which was in accord with Gov. Lewis' suggestion of 1805, 
was in one sense a step toward free schools, but on the other hand it 
attached a certain stigma to the idea of free education which rather 
hindered than helped in such a development. This act was amended 
in 1815 and incorporated as amended in the school act of 1819, but the 
fundamental provisions were not essentially altered.^^ 

The reports from the superintendent are progressively encouraging 
both as to the number of schools estabhshed, the number of pupils 
taught and the smoother working of the machinery involved. His 

^0 This school was incorporated in 1812. The Lancaster Schools are more fully- 
discussed under Special Legislationjfor Cities. Chap. V, pp. 99 ff. and Chap. Ill, p. 51. 

"Assembly Journal, 1814, p. 77 ff. 

*2 The details changed in school organization are given in Chapter IV, Common 
Schools. 



EDUCATIONAL LEGISLATION IN NEW YORK 35 

report of 1819^^ shows that returns, more or less deficient to be sure, 
had been received from 402 towns; that from one hundred and fifty- 
eight towns no reports had been received. From the reports he esti- 
mated^ that nearly six thousand schools were in existence established 
under the state law and that about two hundred and fifty thousand chil- 
dren had received instruction during the year. The report includes 
the following summary. ' ' This great increase and prosperity of common 
schools is evidently the result of the wise and liberal policy adopted 
by the legislature for their encouragement and support. On comparing 
the returns of schools made for different years since their first establish- 
ment by law, it appears that they have increased in a much greater 
ratio than the increase of population, and that their condition, which 
was before stationary, has, under the salutary operation of the law for 
their estabUshment, been rapidly and substantially improved. From 
the earliest returns made under the act, it appears that the number of 
children taught was not more than four-fifths of the number between 
the ages of five and fifteen years. From subsequent returns, it appears 
that the children taught had increased to five-sixths of that number. 
But from the last returns it appears that the number of children now 
taught is equal to seven-eights of the number between the ages of five 
and fifteen years. From the same comparison it also appears, that the 
average length of time for which schools have been kept in each year, 
since their first establishment by law, has increased in about the same 
ratio as the number of children taught.^^ The same data also afford 
evidence that common schools have risen in public estimation, and re- 
ceived a degree of care and attention to their concerns, corresponding 
with their increase and prosperity. If these results were the only evi- 
dence of a beneficial operation in the system of common schools pro- 
vided by law, they would be sufficient to establish the public confidence 
in the policy of, that system, and to secure it a permanent duration. 
But it is well known, although it does not appear from any data in the 
returns, that the system has produced other results not less in magnitude 
or merit. It has secured our schools against the admission of unquahfied 
teachers, by requiring them to submit to examination before a pubhc 

^' Rept. of Supt. in Assembly Journal 1819, p. 434-454. Previous reports are to 
be found in the Assembly Journal for the respective years. 

"The actual number of schools in the 402 towns which reported was 4116. Of 
these schools, only 3844 sent reports. These reports show 210,316 children taught. 
On these figures the Superintendent based his estimate for the state, v. Chap. VIII, 
p. 175, Note 3. 

'* I have found no data as to the length of the school year at this time. 



36 EDUCATIONAL LEGISLATION IN NEW YORK 

board of inspectors, and to obtain from them a certificate of approba- 
tion, before they can legally be employed. It has imparted to common 
schools a new and more respectable character, by making them subject 
to legal notice, and investing them with powers to regulate their own 
concerns. It has corrected many evils in the disciphne and govern- 
ment of schools, not only by excluding unqualified teachers, but by sub- 
jecting the schools and course of studies in them, to the frequent inspec- 
tion of public officers. It has founded schools in places where, by 
conflicting interests, or want of concert in the inhabitants none had been 
before established; and it has, by its pecuniary aid, enabled many in- 
digent children to receive the benefits of education, which would not 
otherwise have been within their reach." 

This report from the Superintendent seems rather more optimistic 
than the occasion warranted especially in regard to the quality of the 
teaching force and the inspection of schools. Only the year before the 
Superintendent suggested that the inspectors should be paid for the sake 
of ensuring the performance of their duties which were then being neg- 
lected.^^ In 1819, the year in which Mr. Hawley reported that the 
school law "has secured our schools against the admission of unqualified 
teachers," Gov. Clinton made a caustic comment on the incapacity 
of the teachers.^^ It is doubtless true that conditions had much improved 
but equally true, that there was still much to be desired. The most 
important legislation relative to common schools in the next twenty- 
five years has in view either the better training of teachers or greater 
efficiency of inspection. The former led to the estabhshment of the 
normal school in 1844; the latter to the experiments with county and 
town superintendents between 1840 and 1850. The specific provisions 
of this legislation are considered in a subsequent chapter in connection 
with a more detailed description of the common school system. 

58 Assembly Journal 1818, p. 476-490, Rept. of Supt. 

" Governor's Message 1819, v. Chap. VIII, p. 176. 



CHAPTER III 

Education Under the Regents 

The University law of 1787 already referred to, conferred on the 
regents power to incorporate colleges and academies;^ to change an 
institution from an academy to a college at their discretion; to visit 
and inspect all such institutions; to make such ordinances as they 
"judged expedient for the accompHshment ... of the trust . . . 
reposed in them"; to use their funds^ for the "promotion of Hterature 
and the advancement of useful knowledge." 

Colleges and academies were incorporated sometimes by the state 
legislature, sometimes by the regents, and sometimes by both. There 
were various factors involved in this variety of procedure. By the 
power vested in them of making ordinances for the government of 
schools and colleges, the regents refused to incorporate institutions 
which could not meet a stated financial requirement. In 1801, having 
already incorporated seventeen academies, they ruled that, " In the 
future no academy ought to be incorporated unless it is evident that 
a proper building has been erected, furnished and paid for; that funds 
have been obtained and secured producing an annual net income of 
$100, and further that there be a condition in the charter that the prin- 
cipal shall never be diminished and the income shall be used only for 
salaries of professors and tutors. The fund must consist of real estate 
bonds or mortgages and the academy building can form no part of the 
fund, or the tuition money, of the income."^ The net income required 
was increased in 1812 to $250.^ In 1811 the regents adopted the policy 
that no college ought to be incorporated until suitable buildings had 
been built and a fund created of at least $50,000, yielding an annual 
income of $3500, and that they ought not to be established unless really 
called for by pubUc expedience.^ In 1836 they made an ordinance 
^ The term academy is used to cover that large class of institutions which stood 
between the common school and the college and sometimes partook of the nature 
of both. They were chartered as "grammar schools," "classical schools," "institutes," 
and "seminaries" as well "academies." 

* The use of funds is discussed in Chap. VI. 

3 Ordinance of 1801 in Instructions for the Academies, 1836, p. 30., 

* Ordinance of 1812, Ibid. 

* Hough, Historical and Statistical Record, p. 93. 



38 EDUCATIONAL LEGISLATION IN NEW YORK 

requiring $100,000 in funds and $30,000 in buildings as a prerequisite 
to the incorporation of a new college and demanding real estate, buildings 
and funds to the amount of $130,000, in the case of changing an academy 
to a college.^ Before 1813 occasional grants of money were made by the 
legislature which were to be distributed at the discretion of the regents. 
So long as the regents had money to distribute an effort was made to 
meet their requirements and incorporation by them was sought; but 
various factors combined to make such incorporation scarcely worth 
the trouble. When the literature fund'^ was established in 1813 the 
income was set apart for the use of schools and seminaries exclusive of 
colleges. Since the regents now had no funds to distribute to colleges, 
and since the legislature seems to have made no fixed property require- 
ment for incorporation, the college gained nothing by being incorporated 
by the regents. After 1813 only One college, Geneva, was incorporated 
by the regents, as against eight by the legislature. 

In 1817 the regents made an ordinance that thereafter the money 
from the literature fund should be distributed among the academies in 
proportion to those pupils who had received instruction in the classics 
and the higher branches of learning deemed necessary to prepare for 
college.^ It is clear that many academies were little more than elemen- 
tary schools^ and there was no reason why a new academy should try 
to meet this property requirement of the regents until it had an estab- 
lished classical department, especially since it could be incorporated by the 
legislature for the asking. Whether or not this is the whole reason, it 
is true that at just this point the incorporations by the regents began to 
fall off and those by the legislature to increase. In the years from 1820 
to 1839 inclusive, 96 academies were incorporated by the state and 14 
by the regents.^o After 1838, when $28,000 from the income of the 
United States deposit fund^^ was added to the $12,000 annually distri- 
buted to academies and no academy was allowed to participate which 
did not meet the requirements of the regents, incorporation by the regents 
once more became popular, with the result that fifty-eight of the seventy- 

8 Instructions for Academies, 1836, p. 31. 

' V. Support of Education, Chap. VI, p. 118. 

8 Hough op. ciL, p. 446. 

5 V. post, pp. 45-46. 

" Only two such schools were incorporated by the legislature before 1819, Clinton 
Grammar School (1817) and Hartwich Seminary, an academy and theological school 
(1816); in the year 1819 two were incorporated by the regents and two by the legisla- 
ture. V. Ust of academies, Appendix A. 

" V. Support of Education, Chap. VI, pp. 120 ff. 



EDUCATIONAL LEGISLATION IN NEW YORK 39 

six academies incorporated in the years from 1839 to 1850 inclusive, 
were chartered by them. When the sum of $40,000 was being distribu- 
ted it doubtless seemed worth while to make an effort to secure a share. 
In 1825 the question was raised whether the regents had a right to 
grant acts of incorporation under the new constitution. The passage 
in the constitution which gave rise to the discussion was this: "The 
assent of two-thirds of the members elected to each branch of the legis- 
lature is required to every bill for creating, altering or renewing any 
body poUtic and corporate. "^^ The senate requested the regents to 
submit to that body their list of incorporations since 1821 and their 
own views as to their authority. The regents replied^'' by quoting 
from another section of the constitution, which read: "Nothing con- 
tained in this constitution shall affect any charters or grants made by 
the state or by persons acting under its authority. "^^ This, they said, 
made it evident that the above section referred only to the legislature 
and that the power of the regents conferred in 1787 was confirmed. This 
report was referred to the Committee on Literature. That Committee 
reported that in its opinion this power of creating corporations originally 
granted to the regents had been abrogated by the new constitution and 
proposed a bill confirming the charters granted by the regents since 
1821 and providing that before any petition for the incorporation of 
an academy or college be presented to the legislature it be submitted to 
the regents and their opinion obtained.^^ The bill was read twice but 
was not passed. Thus the matter remained until after the next con- 
stitutional revision in 1846. The new constitution dropped the section 
quoted and provided that "corporations may be formed under general 
laws but shall not be created by special act except for the municipal 
purposes. "1^ The regents reported on this, that there was evidently 
a conflict of authority between the legislature and themselves and recom- 
mend that a law be passed giving them power to incorporate educational 
institutions which should meet specified conditions. ^'^ Such a law was 
passed in 1853.^^ 

12 Constitution of 1821, Art. 7, Sec. 9. 

13 Rept of Reg. Feb. 17, 1825. Sen. Journ. 1825, pp. 188-189. 
"Constitution of 1821, Art. 7, Sec. 14. 

15 Senate Journ. 1825, p. 356. 

"Constitution of 1846, Art. 8, Sec. 1. 

" Doc of Ass. 1853, Vol. 2, No. 22. 

18 Laws of N. Y., 1853, Ch. 184. The constitutionality of this law was assured 
by a decision of the Atty. Gen., Ljrman Tremane, in 1858. (v. Doc. of Ass.jl858, 
Vol. 1, No. 41). 



40 EDUCATIONAL LEGISLATION IN NEW YORK 

Thirteen colleges were incorporated in the state before 1850. Three 
of them, Union, Hamilton and Geneva Colleges, were first organized 
as academies, then raised to the rank of college by action of the regents, 
and afterward chartered by the legislature.^^ A new charter was granted 
to Columbia College in 1810,^" thereby repealing those sections of the 
university act of 1787 which referred to that college. The other colleges 
incorporated were: the University of the City of New York,^^ The Uni- 
versity of Western New York at Buffalo,^^ Richmond College, Staten 
Island,^^ St. Paul's College, Flushing,^^ Madison University^^ St. John's 
College, Fordham,^^ The University of Rochester,^^ the University of 
Buffalo,^^ and Genesee College.^^ The University of Western New York 
and Richmond College were never organized. All these Colleges were 
by charter subject to the visitation of the regents. 

The regents were authorized in 1791^" to establish a College of Phy- 
sicians and Surgeons; but they reported^^ that a complete course of medi- 

" Union College, formerly Schenectady Acad., incor. 1795 (Ch. 55); Hamilton 
College, formerly Hamilton-Oneida Academy, Inc. 1812 (Ch. 237); Geneva College 
formerly Geneva Academy incor. 1825. 

Geneva college was changed to Hobart Free College in 1890. By the original 
charter of Union College the judges of the Supreme Court were trustees ex-ofl&cio. 
When the number of judges was reduced by the constitution of 1821, the governor and 
lieutenant-governor were made trustees ex-ofi&cio, (1823, Ch. 36). 

=oLaws of N. Y., 1810, Ch. 85. 

^'^ Ibid., 1831, Ch. 176. Now known as N. Y. University, a specifically non-sec- 
tarian institution on whose governing board were the Mayor and four councilmen of 
the city. 

^nhid., 1836, Ch. 148. 

"/&R, 1838, Ch. 294. 

^^Ibid., 1840, Ch. 250. 

'"* Ibid., 1846, Ch. 40. Madison University was an outgrowth of Hamilton 
Literary and Theological Institute, foimded in 1819. By its charter, the Baptist Edu- 
cation Society was authorized to transfer any or all its property to the University, 
if it so desired. In 1848 (Ch. 165) the trustees were authorized to change its location 
to Syracuse, Rochester or Utica, unless the inhabitants of Hamilton raised or guaran- 
teed an endowment of $50,000 within one year. The college remained at Hamilton 
and its name was changed to Colgate University in 1890. 

^^Ibid., 1846, Ch. 61. 

" Ibid., 1846, Ch. 146. Incorporation to be void imless organized within three 
years with at least two professors besides president or chancellor. 

^^Ibid., 1846, Ch. 193. 

" Ibid., 1849, Ch. 52. Genesee College was the successor of Genesee Wesleyan 
Seminary, a Methodist institution and was incorporated with the stipulation that 
none of its funds should be used for theological purposes. 

«0 76zJ., 1791, Ch. 45. 

" Assembly Journal 1793, p. 211, Rept. of Regents. 



EDUCATIONAL LEGISLATION IN NEW YORK 41 

cal instruction was given in Columbia College which made it unnecessary 
for them to form a similar establishment. They reported in 1808'^^ 
that they had granted a charter to the College of Physicians and Surgeons 
in New York City on March 12, 1807, that the college had been organ- 
ized and lecturers appointed. Still another charter must have been 
issued by the regents, for in 1812 the legislature confirrned^^ the charter 
granted the College of Physicians and Surgeons by the regents in June 
1812, "any other charter of the contrary notwithstanding." In 1814^* 
an arrangement was made for this college to unite with the medical 
department of Columbia, the medical faculty of Columbia being aboUshed. 
In 1812^^ the College of Physicians and Surgeons of the Western District 
at Fairfield, Herkimer county, was incorporated. Medical departments 
were later added to Geneva College^® and to the University of the City of 
New York," and the Albany Medical College was incorporated.^^ The 
New York Medical College was incorporated in 1850;^^ it was required 
to admit gratuitously not more than five young men, ''in necessitous 
circumstances," who had distinguished themselves in the free academy 
of New York City. These Medical Colleges were all subject to the 
regents and received state aid. 

From the statutes of New York and the reports of the regents a rea- 
sonably accurate hst of the academies incorporated in each year can be 
compiled.^" It must be noted, however, that the official Hsts do not all 
tally and that an act of incorporation by the legislature did not ensure 
existence. From 1789 to 1820 forty-six academies were incorporated, 
six being the maximum number for a single year, namely in 1813 directly 
after the estabhshing of the literature fund. From 1820 to 1850 was 
the great period of academy development. During this time two 
hundred and thirty-one such schools were incorporated. The number 

32 Ibid. 1808, p. 186. 

'3 Laws of N. Y., 1812, Ch. 237. 

'^Assembly Journal 1814, p. 293, Kept, of Regents. 

^ Laws of N. Y., 1812, Ch. 131. It discontinued its courses in 1841 (Rept. of 
Regents. 1842, p. 5). 

^lUd., 1835, Ch. 45. 

^Ubid., 1837, Ch. 25. 

»8/6Jd., 1839, Ch. 26. 

39 7i«f., 1850, Ch. 206. 

"v. list of academies, Appendix A. The number of academies incorporated 
does not represent the total number in the state. The U. S. Census for 1850 sets the 
number of "grammar schools and academies" at 887. Up to that time only 276 had 
been incorporated. 



42 EDUCATIONAL LEGISLATION IN NEW YORK 

per year ranged from one to twenty-two and averaged seven a year. 
There is little information in the statutes or in the reports of the regents 
to show when schools suspended operations or became defunct. Now 
and then an act was passed to revive a charter, to issue a new one after 
a suspension of activities, or to unite one school with another and from 
time to time some are reported by the regents as no longer in existence. 
Occasionally the report of the regents contains a remark, apropos of 
the hst of academies not reporting, that some of these have not reported 
for many years and are probably defunct but that no official notice has 
been received. 

The reports of the regents sometimes show the number of academies 
reporting; sometimes, the number receiving money and sometimes, in 
the earlier years, merely remark that the academies are "generally 
flourishing" or complain of "lack of funds" as the case may be. For 
practical purposes it may be assumed that the number of those reporting 
was identical with the number receiving money. On this basis, not- 
withstanding some fluctuations, there was a fairly steady increase in 
the number receiving state aid. The reports of the regents show that 
four reported or received money in 1791, seven in 1803; twenty in 1813; 
thirty in 1820; sixty-five in 1834; one hundred and nineteen in 1840 
and one hundred and sixty-one in 1850. At this time a total of two 
hundred seventy -six had been incorporated, of which two hundred and 
nineteen had been incorporated by or made subject to the regents. 
Of the fifty-eight which had been at some time subject to the regents 
but which received no money in 1850, some must have been extinct 
and some must have failed to meet the necessary requirements. 

Most of these academies, though by no means public schools, were 
in some sense community undertakings. A perusal of the charters 
of those incorporated by the legislature indicates that they were usually 
founded by a group of benevolently disposed citizens who, by contri- 
buting from five to twenty-five dollars each, became members of the cor- 
poration and that all funds accumulating were to be devoted to the 
expenses of the school. The members of the corporation named the first 
trustees and sometimes filled vacancies, but the trustees were more often 
self -perpetuating. They were usually required to make a report at an an- 
nual meeting of the corporation. A few schools, between the years of 1840 
and 1850, are shown by their articles of incorporation to have been found- 
ed by the generosity of a single individual, as, for example, the academies 
of JonesviUe, Renssalaer, the Sacred Heart and S. S. Seward. 



EDUCATIONAL LEGISLATION IN NEW YORK 43 

Colleges and academies incorporated by the regents were thereby 
subject to their inspection and visitation. Some academy charters 
granted by the legislature state that the school thus incorporated shall 
be subject to the regents,others specify that the school shall be eligible 
for this supervision only when the regents are satisfied that the financial 
and literary standards set by them^^ have been met. In 1836 the ques- 
tion was raised whether the regents could accept under their visitation 
academies whose charters did not expressly make such provision.^^ It 
was decided that they could not. The difficulty was met by an act of 
1838^' which provided that any academy owning a building and apparatus 
worth $2500 might place itself under the supervision of the regents. 
In the years 1838, 1839 and 1840 forty-three academies availed them- 
selves of this privilege. In the Ust of two hundred and seventy-six 
academies incorporated between 1785 and 1850, only fifty-eight were 
not subject to the regents at the end of the period. It is difficult to 
know just how much the inspection by the regents amounted to. Gov. 
Marcy's suggestion, in his message of 1837, that since the regents were 
scattered and served wdthout pay the superintendence of academies 
be given to the superintendent of common schools indicates that at 
least the existing system was not wholly satisfactory. There is little 
evidence of personal inspection although such visitation was undoubtedly 
contemplated since instructions for the committee of regents visiting 
academies were adopted at a meeting of the regents, January 28, 1794. 
The instructions were as follows: that the committee should deliver an 
annual report to the regents; that these reports should show the num- 
ber of students, branches taught, rates of tuition, number of teachers, 
salaries, and statement of revenues.^ The meagre reports of the regents 
during the next thirty years seem to indicate that these details were not 
always secured. Certainly Httle information is embodied in the legis- 
lative reports before 1830. A bald statement of the number of schools 
and pupUs and a recommendation for the continued support of the 
legislature is the usual substance of such reports. 

In the year 1829 the regents reported that Hamilton College had 
only nine students and that they had asked for an explanation, which 
the college refused to give. The report goes on to state that this is in 

^' V. Support of Education, Chap. VI, p. 140 for requirements. 

« Hough, op. cit., p. 410. 

« Laws of 1838, Ch. 237, Sec. 8. 

" Hough, op. cit., p. 409. Hough cites (p. 420) statistical tables for the years 
1804^1807 for data on subjects studied, but gives nothing after 1807. 



44 EDUCATIONAL LEGISLATION IN NEW YORK 

direct violation of the law since the regents have power to inspect col- 
leges under the law of 1787 and that the fact that this college has re- 
ceived much money from the state is an added reason for its compliance. 
No further comment on this situtation has been found, but since the 
colleges did not share in the state funds and could not be made to suffer 
from a discontinuance of support there seems to have been no means 
of bringing such a refractory college to terms except the extreme mea- 
sure of taking away the charter. The case of the academies was quite 
different. They "could secure state support only by complying with 
the regulations of the regents and therefore had a much more live^ in- 
terest in keeping their approval. The supervision of the regents seems 
finally to have taken the somewhat passive form of receiving reports 
from the schools without making any personal investigation. In the 
case of academies these reports furnished the basis for the distribution 
of state funds and it is clear that the regulations made by the regents 
for this distribution did much to raise and standardize the work of 
the academies and to make clear the distinction between purely ele- 
mentary subjects and those properly taught by the higher schools. 

In 1827*" when the Hterature fund was increased the regents were 
empowered to require annual returns from the academies claiming a 
share in the distribution of state funds. The reports were to contain 
" the names and ages of all the pupils instructed in such seminary during 
the preceding year; the time each pupil was so instructed; a particular 
statement of the studies pursued by each pupil at the commencement 
of such instruction, and of the studies subsequently pursued up to 
the date of such report; the philosophical or chemical apparatus, mathe- 
matical or other scientific instruments, and the library belonging to such 
academy or seminary; the names of the instructors employed, and the 
compensation paid them respectively; and the funds and income of such 
academy or seminary, with its debts, incumbrances, and the application 
of the monies, if any, received during the preceding year from the regents 
of the university." In a book of instructions issued in 1836 by the 
regents for the academies under their visitation,*^ the secretary, Mr. 
Gideon Hawley, states that previous to the directions issued in 1828 
the regents had not been able to secure any uniformity in the reports;*^ 

« Laws of N. Y., 1827, Ch. 228. 

*" Instructions from the regents of the University to the several academies under 
their visitation, ed. of 1836. 

" The paucity of detailed information in the reports of the regents imtil 1830 
bears out the intimation here that the reports were unsatisfactory. 



EDUCATIONAL LEGISLATION IN NEW YORK 45 

that continued inaccuracies and ambiguities had led the regents to issue 
further directions in 1830 and in 1834 and that the latter edition being 
exhausted they are compelled to issue a new one. He ventures a hope 
that the directions are now so explicit and so detailed that future reports 
will be accurate and adequate, thereby Ughtening the work of the re- 
gents in determining the amount of money due the several schools 
and benefiting the schools, since it is "the settled practice" of the regents 
to withhold money from schools sending defective reports. This book 
of instructions called attention to the mistakes commonly made, such 
as failure to have the trustees certify the report, failure to give the ages 
of pupils, failure to give an adequate description of the subjects studied 
so that it could be certainly known whether the pupils are pursuing 
classical and higher Enghsh branches as prescribed by law, and failure 
to use the prescribed forms of reports. The following statement from 
the regents' report of 1836 indicates that the schools were at last giving 
a satisfactory response: "The regents have the satisfaction to beheve 
that they have finally succeeded in securing from all their academies 
with only a few exceptions such a compliance with their instructions 
as will satisfy every reasonable expectation."*^ In the regents' report 
of 1833,*^ a meagre account is given of all the colleges then estab- 
lished, except Geneva. After 1836 the reports are fairly full generally 
giving some details of attendance, subjects studied, and the financial 
standing of the college. 

The curriculum of the academy was not prescribed by law in early 
days except that in the act of 1787 they are spoken of as "schools for the 
instruction of youth in the languages and other branches of useful 
knowledge." But the report of the regents in 1798 speaks of reading, 
writing and arithmetic as the curriculum of several academies.^" In 
1805 the regents reported that reading, writing, grammar, cyphering, 
mathematics, dead languages, rhetoric, logic, moral philosophy, natural 
philosophy, and French were taught.^^ Noah Webster, Jr., writing 
in 1806^^ says, "Several respectable academies are founded wherein 
are taught the learned languages, geography, grammar, and mathema- 
tics." In 1819 the regents reported: "The course of instruction pur- 
sued by many of the teachers consisting chiefly of the first rudiments of 

"Rept. of Reg. 1836, p. 11. 

« Ihid., 1833, p. 1 and 2 (Senate Doc. No. 70). 

" Rept. of Regents in Ass. Joum., 1798, p. 220. 

^^Ihid., 1805, p. 304. 

'2 Barnard's Journ. vol. 24, p. 161. 



46 EDUCATIONAL LEGISLATION IN NEW YORK 

English education, gives a character to their institution more consonant 
to that of a common school than of an academy where more advanced 
studies should be attended to. . . . With a view to preserving the 
distinctive character (of the academy) a rule has lately been adopted 
by the regents for distributing their revenue in proportion to the number 
of scholars in the several academies who during the preceding year 
have received a course of classical instruction usually pursued as prepar- 
atory to a collegiate course. ... It appears that the system of in- 
struction is rapidly improving. "^^ From this time the phrase "for 
instruction in literature and the fine arts" appears in many of the char- 
ters granted by the legislature and seems to have become a sort of shibbo- 
leth with the promotors of education. In the twenties the rising in- 
terest in science is reflected in a few schools which avowed a scientific 
and practical aim. Several manual labor schools were incorporated whose 
declared purpose was, "the cultivation of all the branches of literary 
and scientific education . . . and by uniting manual labor with study 
to promote vigor of bodily constitution, provide facilities whereby 
young men without pecuniary resources may attain an education and 
to unite the advantages of a cultivated mind with the feelings and habits 
of a working population."^* 

An attempt to further the practical application of scientific princi- 
ples was made by the Renssalaer schooP "one important object" of 
which was to qualify teachers for instructing youth in villages and in 
common school districts belonging to the class of farmers and mechanics 
by lectures or otherwise, in the application of the most important prin- 
ciples of experimental chemistry, natural philosophy, natural history, 
practical mathematics to agriculture, domestic economy, and the arts 
and manufactures. This new interest in science was doubtless one 
factor in causing the passage of an act of 1827^^ whereby the higher 
English branches were put on a par with the classics as a means of 
qualifying a school for state aid.^'^ 

" Rept. of Reg. in Senate Journ. 1819, p. 245. v. Chap. V, pp. 99 and 100 for acad- 
emies treated as common schools, and Chap. VI, p. 140, for number of academies re- 
ceiving funds imder this rule. 

s^Laws of N. Y., 1832, Ch. 142. Incorporation of the Rochester Institute of 
Practical Ed. Other such schools were Yates Co. Acad.. 1828; Union Literary Soc. 
1826; Aurora Man. Labor, 1833; Oneida Inst., 1829. Hough, Hist. Rec. p. 441, says 
"It may be said of all of them that they were failures." 

''Ubid., 1826, Ch. 83. 

^^Ibid., 1827, Ch. 228. 

^' V. also Chap. IV, pp. 71-73 for discussion of this act and its bearing on training 
of teachers, and Chap. VI, p. 140. 



EDUCATIONAL LEGISLATION IN NEW YORK 47 

By this act the distribution of money to academies was based on the 
number of pupils who had for four months of the preceding year pursued 
classical studies or the higher branches of English, or both. The regents 
found it necessary to define the meaning of the terms used and did so 
in the following ordinance of 1828:^^ 

1. No students, in any such 'academy, shall be considered classical 
scholars, within the meaning of this ordinance, until they shall have 
studied in course, in Latin, as much as is equal to one-half of Corderius, 
one-half of Historia Sacra, one-third of Viri Romae, and two books of 
Caesar's Commentaries; and in addition thereto, shall have read the 
first book of the Aeneid of Virgil. 

2. No students, in any such academy, shall be considered scholars 
in the higher branches of English education, within the meaning of 
this ordinance, until they shall, on examination duly made, be found 
to have attained to such proficiency in the arts of reading and writing, 
and to have acquired such knowledge of the elementary rules or opera- 
tions of arithmetic commonly called notation, addition, subtraction, 
multiplication and division, as well in their compound as in their simple 
forms, and as well in vulgar and decimal fractions as in whole numbers, 
together with such knowledge of the parts of arithmetic commonly called 
reduction, practice in the single rule of three direct, and simple interest 
as is usually acquired in the medium or average grade of common schools 
in this State; and until they shall also, on such examination, be found 
to have studied so much of English grammar as to be able to parse 
correctly any common prose sentence in the English language, and to 
render into good English the common examples of bad grammar given 
in Murray's or some other like grammatical exercises; and shall also 
have studied, in the ordinary way, some book or treatise in geography, 
equal in extent to the duodecimo edition of Morse's, Cumming's, Wood- 
bridge's or Willett's geography, as now in ordinary use. 

3. No such classical students shall entitle the instutution to which they 
belong to any share of the income of said fund, unless it shall appear 
from the annual report of such institution, that they have pursued 
therein, for the space of four months or upwards of the year ending on 
the date of such report, the studies herein before declared to be pre- 
liminary to Virgil, together with the first book of the Aeneid of Virgil, 
or other studies in the classics (either in Latin or Greek) usually pursued 
subsequent to the first book of the said Aeneid, or shall, for a part of 
said period, have so pursued the studies, or some of them, (including 

^^ Instructions from the regents for academies, Ed. of 1836, pp. 5 and 6. 



48 EDUCATIONAL LEGISLATION IN NEW YORK 

the said first book of Aeneid, or some of the said studies subsequent 
thereto), and for the residue of said period, shall have pursued the 
higher branches of EngHsh education, after they shall have become 
scholars therein as herein before defined. 

4. No such scholars in the higher branches of EngHsh education, shall 
entitle the institution to which they belong to any share of said fund, 
unless it shall appear from the annual report of said institution, that 
they, after becoming such scholars, have pursued therein said higher 
branches of education, or some of them, for the space of four months 
or upwards of the year ending on the date of such report. 

5. All students belonging to any academy, and claimed by it to be classi- 
cal scholars, or scholars in the higher branches of EngHsh education, or 
both, shall be exercised at convenient and ordinary intervals, in com- 
position and declamation in the EngHsh language. 

It is to be observed that this ordinance does not debar academies 
from teaching elementary branches but merely requires that state aid 
shall be given only in proportion to their pupils who have completed 
a certain amount of elementary work and who are at the time studying 
the classics or higher branches of EngHsh. The regents' report of 1849^^ 
shows the whole number of pupils in academies as 27,077 and the number 
studying the classics and the higher branches of EngHsh as 15,043, or 
fifty-five per cent of the whole number. 

As early as 1836 a now famiHar plaint was heard from Columbia 
because of the "increasing preference manifested in our community for 
those branches of education of which the utiHty and the practical appli- 
cation are immediate."^" That the curriculum was indeed expanding 
may be seen by comparing the meagre Hsts of subjects already quoted 
\\ith the lists cited in the regents' reports of 1829 and 1849. In the 
former year forty-nine academies reported, in the latter one hundred 
and fifty-six. The following table gives the subjects reported as taught 
and the number of schools in which each appeared.^^ 
ELEMENTARY STUDIES 

1849 

[OOLS 

145 
All 
All 
All 

"Rept. of Reg. 1849, p. 91. 
'"Rept. of Reg., 1836, p. 8. 

^* Compiled from the Regents' report of 1829 in Senate Journal Appendix I and 
Regents' Report of 1849, pp. 131 ff. The classification of subjects is taken from the 
Regents' Report of 1849. 





1829 1849 


1829 




NO. OF SCHOOLS 


NO. OF SCI 


Arithmetic 
Bookkeeping 
Composition and 
Declamation 


All 154 
29 130 

37 All 


Geography All 
Orthography (Not mentioned 1829) 
Penmanship " 
Pronimciation . " 



EDUCATIONAL LEGISLATION IN NEW YORK 



49 



Composition 


362 




Reading 






English Grammar 


AU 


152 










MATHEMATICS 






Algebra 


41 


155 


Levelling 




11 


Astronomy 


13 


135 


Logarithms 




25 


Calculus Integral 




7 


Magnetism 




20 


Calculus Differential 




4 


Mechanics 




17 


Conic Sections 


1 


15 


Mensuration 


6 


33 


Electricity 




21 


Natural Philosophy 


35 


148 


Engineering, Civil 


1 


7 


Nautical Astronomy 




1 


Euclid 


1 




Navigation 




10 


Fluxions 




1 


Optics 




19 


Geometry, Plane 


31 


149 


Perspective 


1 


2 


Geometry, Analytic 


1 


13 


Surveying 


30 


105 


Geometry, Descriptive 


1 


3 


Technology 




9 


Hydrostatics 




20 


Trigonometry 


7 


66 




ANCIENT LANGUAGES 






Greek 


All 


130 


Latin 


All 


145 


Greek Antiquities 


1 


8 


Roman Antiquities 


6 


14 


Hebrew 




2 


Mythology 




4 


Jewish Antiquities 


1 












MODERN LANGUAGES 






French 


20 


136 


ItaUan 


1 


11 


German 


1 


17 


Spanish 


3 


6 




NATURAL SCIENCES 






Anatomy 




35 


Mineralogy 


1 


14 


Botany 


4 


124 


Natural History 


2 


29 


Chemistry 


20 


151 


Physiology 




101 


Chemistry, Agricultural 




6 


Physical Geography 


1 




Conchology 




4 


Zoology 


1 




Geology 


1 


55 








MORAL, INTELLECTUAL & POLITICAL SCIENCE 






Constitution of U. S. 


4 




Natural Theology -- 


3 


22 


Constitution of N. Y. 


1 




Philosophy 


3 




Elements of Criticism 


3 


32 


Intellectual Philosophy 


3 


98 


Evidences of Christianity 


1 


18 


Philosophy of Language 


1 




History (Period not specified) 


34 




Mental Philosophy -• 


1 




General History 




126 


Moral Philosophy — 


16 


80 


Ecclesiastical History , 




1 


Pohtical Economy 




15 


History of England 




11 


Psychology 




1 


History of U. S. 


25 


89 


Rhetoric 


33 


112 


Law and Government 




20 


Theology 




1 


Logic 


16 


39 


Watts on the Mind ■» 


1 






MISCELLANEOUS 






Belles Lettres 


1 




Mapping 


4 


3 


Chronology 


4 




Music 


3 


11 


CaHsthenics 




5 


Music, Vocal 




12 


Fencing and Military Tactics 


, 1 




Music, Instrumental 




13 


Drawing 


7 


29 


Painting 


4 




Embroidery 




2 


Phonology 




2 


Needlework 


1 




Phrenology 




2 


Ornamental Needlework 


2 




Principles of Teaching 




7 


Globes 


8 











** These were "Female" Academies; "Declamation" was apparently not required 
of the girls. 



50 EDUCATIONAL LEGISLATION IN NEW YORK 

The most striking facts brought out by an inspection of these tables 
are the great increase in the total number of subjects offered, the lack 
of uniformity among the schools, the increasing emphasis on mathematics 
and science. There is an apparent decrease in the number of schools 
teaching Latin and Greek between 1829 and 1849 but as between 1820 
and 1850 the reports show that in the former year only 38 per cent of 
the pupils studied these subjects as against 57 per cent in the latter 
year.^^ 

The academies of this period seem to have been little hampered by 

any hard and fast line between elementary, secondary and collegiate 

subjects but taught them all impartially and fulfilled the most advanced 

requirements of today for flexibility of program and adaptation to 

local demands. The list of subjects ofi"ered in the colleges is strikingly 

like that of the academies. For example Hamilton College in 1849^* 

submitted the following Hst which does not differ materially from that 

of other colleges. 

Latin Logic 
Greek Political Economy 
Elements of Reading and Oratory Disputation 
Algebra Intellectual Philosophy 
Geometry Chemistrj'- 
Composition and Declamation Moral Science 
Surve3dng Constitutional Law- 
Rhetoric Astronomy 
Trigonometry Geology 
Natural Philosophj' Anatomj^ and Phj^siology 
German Grammar Evidences of Christianity 
French Grammar Forensic Disputes 

From conditions which still exist we are justified in assuming that 
there was little articulation between the academies and the colleges 
except, perhaps, in the classics. The academy served as a college prepar- 
atory school, to be sure, but it was even more, as the secondary school 
still is, an end in itself. 

The early academies seem to have been intended ahnost exclusively 
for boys although Timothy Dwight wrote of Hamilton Oneida Seminary 
in 1799:^^ "It contains fifty-two students of both sexes imder the 
care of two instructors. The scheme of education professedly pursued 
includes the Enghsh, Latin and Greek languages and most of the liberal 
arts and sciences." Gov. DeWitt Chnton in 1819,^® said, "Beyond 
initiatory instruction the education of the female sex has been utterly 

*^ V. Chap. Vin, p. 175 for figures on which percentages are based. 

"Rept. of Regents 1849, pp. 25-28. 

^ Dwight, Travels in N. E. & N. Y. Ill p. 188. 

MGov. Mess. 1819. 



EDUCATIONAL LEGISLATION IN NEW YORK 51 

excluded from the contemplation of your laws"; and referring to Water- 
ford Female Seminary the next year he calls it "the only attempt made 
in this country to promote the education of the female sex by the patron- 
age of the government. "^^ In the next twenty-five years, twenty-five 
female academies or seminaries were incorporated and in the same period 
fifty-one were incorporated "for both sexes." Undoubtedly some of 
tiiem not so designated were also open to girls. 

The power? of the regents were extended beyond the academies and 
colleges in 1821''^ to the incorporation and the supervision of any schools 
"for the instruction of youth on the system of Lancaster & Bell or any 
other system of instruction approved by the regents." By the revised 
statute of 1827*'^ these schools were made subject to the control and 
visitation of the regents and were required to make such reports as they 
should require. They did not share in the funds dispensed by the re- 
gents. Little information is found relative to these schools. Appar- 
ently only a few were incorporated'^" and these either disappeared in a 
short time or were absorbed into the common school system under 
which heading they are discussed furthej,- — ^ 

"lUd., 1820. 

«8Laws on N. Y., 1821, Ch. 61. 
*' Revised statutes, Chap. 15, Title I, Art. 5, Sec. 66. 
' " Hough, Hist. Rec, pp. 429-432 gives the following names of such schools in- 
corporated by the regents. 

Lancaster School, Henrietta, Monroe Co., 1821 
Lewiston High School Academy, 1828 
Farmington School Assn., 1834 
Fabius Select School, 1841 
Hunter Classical School, 1851 
For Lancaster Schools which were incorporated by the legislature and not subject 
to the regents v. Chap. V, p. 99. ^ 



CHAPTER IV 

The Common School System 

An outline of the common school system in its early form has been 
sketched in a previous chapter.^ A more extended exposition is neces- 
sary in order to make clear the details of organization and the progressive 
changes which were embodied in subsequent amendments and revisions. 

In the organization and administration of the school system the 
established division of the state into counties and towns was utilized 
but the unit of administration was a still smaller subdivision namely, 
the district. The town commissioners were entrusted with the task 
of arranging and altering districts^ until they were superseded by the 
town superintendents in 1843.^ It was then provided that when a dis- 
trict was to be altered, the town clerk and town supervisor might be 
associated with the town superintendent at the request of the trustees 
of the district affected. No exact basis for the subdivision of towns was 
made by law. The commissioners were merely directed to make a 
"convenient number of districts." In 1835, Supt. Dix observed:^ 
"Almost all the existing evils of the common school system have their 
origin in the limited means of the school district. The tendency is to 
subdivision and to a contraction of their territorial boundaries. This 
consequence must follow in some degree from the increase of population; 
but the subdivision of school districts tends to advance in a much greater 
ratio. The average number of children in our school districts is about 
hfty-five. No school district should number less than forty children 
between five and sixteen years of age. From the observations he has 
made, the superintendent deems it due to the common school system 
that no new district shall be formed with a much smaller number unless 
peculiar circumstances render it proper to make it an exception to the 
general rule. In feeble districts cheap instructors, poor and ill fur- 
nished schooUiouses, and a general languor of the cause of education 
are almost certain to be found. " In his annual report to the legislature 
ly. Chap. II, pp. 25-36. 

2 Laws of N. Y., 1812, Ch. 242, Sec. 7. 

3 Laws of N. Y., 1843, Ch. 33, Sec. 2. 

* Common School Decision No. 220. Randall, Digest, p. 105. 



EDUCATIONAL LEGISLATION IN NEW YORK 53 

for the year 1843, Superintendent Young said:^ "One of the most for- 
midable obstacles to the efficiency of our common schools is believed 
to be unnecessary multiplication and subdivision of districts. ... In 
those portions of the state where the population is scattered over a 
large extent of territory, the convenience and accomodation of the 
inhabitants require the formation of districts comprising a small amount 
of taxable property, applicable to the support of schools and a limited 
number of children. But where an opposite state of things exists, the 
interests of education will be most effectually promoted by assigning 
to each district the greatest extent of territory compatible with securing 
to the children the requisite facihties for their regular attendance at the 
schools. " It is evident that the characteristic evils of the district system, 
small schools and Umited funds, were present in New York as elsewhere 
where the system obtained. Besides the regularly constituted districts 
there were "neighborhoods" and "joint districts." The former were 
sections of towns where there were not enough families to support a 
school and the children attended school in an adjoining state; the latter 
were districts made up from parts of two towns.*^ Both were regulated 
and arranged as districts except that the neighborhoods had only one 
trustee instead of three and, of course, had no school building; and that 
for the alteration of joint districts the consent of the commissioners of 
both towns was necessary. 

The first meeting of a district was called by the commissioners when 
the district was formed, thereafter the time and place of the annual 
meeting was fixed by the district.^ If the first call for a meeting was 
not heeded, or if the meeting dissolved by adjournment without day, 
the commissioners might renew the call whenever they saw fit.^ Special 
meetings were called at the discretion of the trustees.^ If the time of 
the annual meeting passed and a special meeting was not called by the 
trustees within twenty days, any inhabitant might call such a meeting.^^ 

Those qualified to vote at the district meetings were at first defined 
merely as the "freeholders and inhabitants residing in this district. "^^ 
In 1814 they were limited to "freeholders and inhabitants Hable to pay 

^ Report, of Supt. 1843, in Ass. Doc. 1843, No. 14, pp. 4 and 5. 

«Laws of N. Y., 1812, Ch. 242, Sec. 7. 

^ Ibid., Sec. 8. 

^ Ibid., 1814, Ch. 192, Sec. 13. 

8 Ibid., 1812, Ch. 242, Sec. 9. 

'"/iJJ., 1841, Ch. 260, Sec. 17. 

" Ibid., 1812, Ch. 242, Sec. 8. 



54 EDUCATIONAL LEGISLATION IN NEW YORK 

taxes. "^^ This was modified in 1822^^ to include only "freeholders, or 
those assessed to pay taxes in the same or the preceding year, or possessing 
personal property, above such as was exempt by law from execution, 
to the amount of $50, liable to taxation in the district." For illegal 
voting a fine of from five to ten dollars was set in 1814.^^ This was defi- 
nitely placed at $10 in 1819.^^ The qualifications of voters, which seem to 
have been the occasion of some controversy, were more explicitly stated 
by the law of 1841^^ as follows: The voter must be a male, of legal age, 
and actual resident of the district. In addition he must either be (1) 
entitled to hold land in the state, that is either a citizen or an alien who 
had filed his intention of becoming a citizen, and must own or hire real 
property subject to taxation for school purposes, or (2) he must be en- 
titled to vote at town meeting, that is he must have been a resident of 
the state for one year, of the county for six months, and must be an 
actual resident of the town, and must have paid rate bill for teachers 
in the district within one year preceding, or have paid district tax within 
two years preceding, or own personal property liable to be taxed for 
school purposes in such district, exceeding $50 in value exclusive of 
such as was exempt from execution. Any voter could be challenged 
and if guilty of making a false declaration was subject to imprisonment 
for a period of from six months to one year. 

The powers of the district meeting were^'' to fix the time of district 
meeting and to adjourn; to choose a moderator and to elect district 
ofiicers, namely, a district clerk, three trustees and a collector; to desig- 
nate a site for the district school house; and to levy a tax sufiicient to 
lease or purchase a site and building and to keep the same in repair and 
furnish it with "fuel and appendages. "^^ In 1841^^ the districts were 
authorized to designate sites for two or more school houses and to levy 
the necessary taxes for the same provided the consent of the town super- 
intendent was first secured. Mr. Randall^" explains that "this pro- 
vision authorizing more than one site and school house, is intended for 
the accomodation of those districts that may be so peculiarly situated 

12 Ibid., 1814, Ch. 192, Sec. 13. 

13 lUd., 1822, Ch. 256, Sec. 2. 
1* Ihid., 1814, Ch. 192, Sec. 14. 
^^Ibid., 1819, Ch. 161, Sec. 21. 
^^Ihid., 1841, Ch. 261, Sec. 7 and 8. 
" Ihid., 1812, Ch. 242, Sec. 8. 

1* For amount of tax see Support of Schools, Chap. VI, p. 133. 
"Laws of N. Y., 1841, Ch. 260, Sec 10. 
20RandaU, Digest, pp. 138, 139. 



EDUCATIONAL LEGISLATION IN NEW YORK 55 

as to render a division inconvenient or not desirable. A banlcing or 
other corporation, or some manufacturing establishment liable to taxa- 
tion, may thus be rendered beneficial to a large territory and a greater 
number of inhabitants, instead of having its contributions appHed for 
the benefit of a few. And in populous places, it may often be convenient 
to have a school for very young children distant from that attended 
by those more advanced. In these and other cases, the districts should 
not hesitate to exercise the power given by this section. But they 
should in all cases obtain the previous assent of the town superintendent." 

When the site of a schoolhouse was once decided upon it could not 
be changed except by the consent of the town superintendent and by a 
two-thirds vote of those present at a special meeting called for this 
purpose, except when the district was territorially altered, under which 
circumstances a site could be voted as if it were a new district.^^ Mr. 
Randall says, "By far the most fertile sources of contention and dif- 
ficulty in various school districts originate from the proceedings of the 
inhabitants connected with the change of the site of their schoolhouse^ "^^ 
He urged that changes be made only when absolutely necessary. /The 
use of the schoolhouse was not limited to school purposes. It was allow- 
able for a schoolhouse, out of school hours, to be used for any district 
purpose such as reUgious meetings, debating clubs, and lectures, with 
the approbation of the district and the consent of two trustees.^y 

Three district trustees were at first elected annually. Their duties 
were: 1. The calling of annual and special district meetings; 2. The 
receipt and application of pubhc money; 3. The assessment and collec- 
tion of district taxes; 4. The purchase or lease of sites; the building, 
hiring, or purchasing of schoolhouses; the repairing and furnishing such 
houses with necessary fuel and appendages, and their custody and safe 
keeping; and the sale of such sites and houses when no longer required 
for district purposes; 5. The employment of teachers, and their pay- 
ment; and the making out and collection of rate-bills both for the money 
voted by the district and for that required to be raised from individuals 
"for instruction."-^ They also had power to excuse the indigent from 
paying the latter.^^ In ISAS^^ it was provided that at the next school 
election the trustees be divided into three classes to serve one, two and 

"Laws of N. Y., 1831^ Ch. 44, Sec. 1. 

22 Randall Digest, p. 149. 

23 Randall Digest, Com., Sch. Decisions, No. ,51^ 
2* Laws of N. Y., 1812, Ch. 242, Sec. 8. 

'■'Ibid., 1814, Ch. 192, Sec. 13. 
2«/6«/., 1843, Ch. 133, Sec. 12. 



56 EDUCATIONAL LEGISLATION IN NEW YORK 

three years respectively, and that thereafter only one be elected annually, 
the term of service to be three years. 

While the district trustees were thus responsible for the business 
administration of the district including the hiring of teachers, the super- 
vision of education was in the hands of town officials. The town was 
required to elect three commissioners who with certain other citizens 
similarly elected were designated inspectors of schools.^^ The com- 
missioners arranged and altered districts, divided the school money 
among the districts, and made reports to the county clerk.^^ It was 
the duty of the inspectors to inspect schools and to certify teachers. 
The commissioners and inspectors were replaced in 1843, by a town 
superintendent who performed all the duties of these officers.^^ The 
duty of making reports seems to have been fairly well attended to.^" 
The failure to secure proper inspection led eventually to displacing the 
several inspectors by a single town superintendent, and to the creation 
of the new office of county superintendent.^^ The commissioners at 
first were allov/ed for their services "as much as the inhabitants shall 
direct, "^^ and later "as much as is allowed the commissioners of high- 
ways''^^ for the time actually spent in regulating and altering districts. 
By an act of 1823^* the commissioners and inspectors were allowed 
not more than $.75 a day provided it was voted at a legal town meeting. 
The wages of the commissioners were raised to $1.00 a day in 1837.^^ 
The town superintendents were allowed $1.25 a day for every day actu- 
ally devoted to official duties.^® 

^' By the laws of 1812 and 1814 there were to be not more than six members 
elected to act with the commissioners as inspectors. In 1819 (Ch. 161, Sec. 9) the 
aimiber was set at three and changed to two in 1841 (Ch. 260, Sec. 6). 

28 Laws of N. Y., 1812, Ch. 242, Sec. 15. 

" Laws of N. Y., 1843, Ch. 133 and amendatory act of 1847, Ch. 480. The office 
of town supt. was aboUshed in 1856 (Ch. 179). The comity supervisors were directed 
to form districts conforming as nearly as possible to the assembly districts. A com- 
missioner was elected in each district (two in large districts) for a term of three years. 
These districts did not include towns for which special provision was made. 

^o Ass. Doc. 1847, No. 3, p. 9, gives statistics for total number of districts and 
the number which reported yearly from 1815 to 1848. In 1815 there were 2,755 dis- 
tricts of which 2,631 reported; in 1847 there were 11,052 districts of which 10,859 
reported. 

31 V. pp. 57 and 63-66. 

32 Laws of N. Y., 1812, Ch. 242, Sec. 6. 

^Ihid., 1814, Ch. 192, Sec. 12. 

^lUd., 1823, Ch. 193, Sec. 3. 

^Ihid., 1837, Ch. 241, Sec. 5. 

8«/&iJ., 1847, Ch. 480. 



EDUCATIONAL LEGISLATION IN NEW YORK 57 

Until the oflEice of deputy superintendent was created, in 1841," 
the only county ofi5cia)s involved in the management of school affairs 
were the county clerk and county treasurer, who merely acted as inter- 
mediaries between state and town ofl&cers for the handling of money and 
the forwarding of reports. The act of 1841 provided that deputy 
superintendents were to be appointed by the county supervisors, one 
in each county, or two if there were more than two hundred school 
districts. The term of office was two years, the incumbent being sub- 
ject to removal by the county supervisors. The powers and duties 
of the county superintendent were: (1) to visit all the schools in the 
county ''as often in the year as may be practicable," to notify the 
town inspectors of his visits and either with or without them to examine 
all the schools in the county, " to inquire into all matters relating to the 
government, course of instruction, books, studies, discipKne and con- 
duct of such schools, and the condition of the school houses, and of the 
districts generally, and to advise and counsel with the trustees and other 
ofl&cers of school districts in relation to the studies, particularly in 
relation to the erection of school houses, and to recommend to such 
trustees, and the teachers employed by them, the proper studies, dis- 
cipline and conduct of the schools, the course of instruction to be pursued 
and the books of elementary instruction to be used therein;" (2) to 
examine candidates and issue certificates good in every district and town 
of the county; (3) with the consent of any two inspectors of any town 
to annul any certificate granted in a town; (4) and generally to promote 
the interests of education. The trustees of each district were required 
to report annually to the supervisors the number of times their school 
had been visited by the deputy superintendent and by the inspectors.^^ 
Slight modifications were made in this law in 1843^^ by which act it was 
provided that the name county superintendent should be used instead 
of deputy superintendent; that two such superintendents might be 
appointed at the discretion of the supervisors if there were one hundred 
and fifty or more school districts, in which case the county was directed 
to be divided into two districts, one of which should be assigned to each 
superintendent; that no county not having appointed a county super- 
intendent should be allowed to receive funds from the state except by 
order of the state superintendent; that such superintendent should be 
removable by the state superintendent; and that the county super- 

^UUd., 1841, Ch. 260, Sec. 36. 

^Ubid., 1841, Ch. 260, Sec. 12 (Repealed 1843, Ch. 133, Sec. 19). 

^Ubid., 1843, Ch. 133, Sec. 4 to 9 and 20. 



58 EDUCATIONAL LEGISLATION IN NEW YORK 

intendent might issue county certificates good until annulled, or town 
certificates good for one year only and in a specified towTi. The county 
superintendent was allowed as compensation $2.00 for every day actu- 
ally spent in service, the total not to exceed $500 per year, one-half of 
which was to be a charge upon the county, the other hah, on the surplus 
of the United States deposit fund."^*^ The latter was not to be paid 
unless the superintendent had performed his duties and made the report 
required by law.-*^ The county superintendents, if we may judge from 
contemporary accounts, were eflicient and valuable but their importance 
seems not to have been recognized by the people at large and the ofl&ce 
was discontinued.'^ 

The ofiice of State Superintendent of Common Schools was created 
by the school act of 1812. In 1821 it was abohshed as a separate office, 
for political reasons, and the secretary of state by virtue of liis office, 
became state superintendent of schools."^ The salary of the super- 
intendent was originally set at S300; it was raised to $400 in 1814 and 
to $700 in 1819. In 1837-" the secretary of state was allowed $750 per 
annum in his capacity as superintendent of schools. The duties of the 
superintendent*^ were to make plans for the better organization of the 
schools and for the management of the school fund; to distribute the 
state money to counties and towns; to apportion the state money; to 
receive county reports, and from them to make an annual report to the 
legislature. He had no authority for direct supervision or inspection 
until the office was made that of State Superintendent of PubHc Instruc- 
tion in 1854. 

AU appeals relative to school matters, during most of this period 
were carried to the state superintendent.'*^ The revised statutes of 
1827^' provided for an appeal to the town commissioners, against the 
action of district trustees; and to the superintendent against the action 

'"'Ibid., 1841, Ch. 260, Sec. 39. 

«/WJ., 1843, Ch. 133, Sec. 6. 

^Ibid., 1847, Ch. 358, Sec. 1. 

« Ibid., 1821, Ch. 250, Sec. 2. In 1854 (Ch. 97) the office of State Superintendent 
of Public Instruction was created and the Secretan* of State no longer performed this 
duty. The State Superintendent was elected jointly by the senate and assembly. 
He was to be ex-othcio a member of the Regents and Chairman of the Executive Com- 
mittee of the Regents on the Normal School, v. p. 75. 

^Ibid., 1837, Ch. 200. 

«75«Z., 1812, Ch. 242, Sec. 2. 

*^Ibid., 1822, Ch. 256, Sec. 7. 

*'Rev. Statutes 1827, Part I, Chap. 15, Title 2, Art. 5, Sec. 110 and 111. 



EDUCATIONAL LEGISLATION IN NEW YORK 59 

of commissioners. But in 1830^^ it was provided that "any person 
conceiving himself aggrieved in consequence of any decision made; 
1. By any school district meeting; 2. By the (town) commissioners 
of common schools, in the forming or altering, or in refusing to form 
or alter any school district, or in refusing to pay any school monies to 
any such district; 3. By the trustees of any district, in paying any 
teacher, or refusing to pay him, or in refusing to admit any scholar gratui- 
tously into any school; 4. Or concerning any other matter relating to 
schools; May appeal to the superintendent of common schools, whose 
decision thereon shall be final." The general school act of 1841*' 
provided that "All proceedings under any authority conferred by that 
act upon school districts, trustees, commissioners of common schools 
or other officers, and all omissions and refusals to perform the duty 
enjoined by this act, shall be subject to appeal to the superintendent, 
in the same manner and with the like effect, as in cases arising under 
the Second Title of the Fifteenth Chapter and First Part of the Revised 
Statutes." By the law of 1843 all appeals were to be first made to 
the county superintendent and might then, within fifteen days, be 
carried to the state superintendent.^" When the office of county super- 
intendent was aboUshed, appeals were once more carried direct to the 
state superintendent.^^ This power of rendering decisions on the in- 
terpretation of laws gave rise to a body of school decisions which were 
first collected by Mr. Dix in 1837^^ under the authority of the legislature 
in a volume which included his own decisions and those of his predeces- 
sor, Mr. Flagg. No record of decisions before that time has been pre- 
served. 

Annual reports were required through the following agencies: dis- 
trict trustees, town commissioners, county clerks or county superin- 
tendendents (during the period when the latter office existed), and 
state superintendent. Certain items of information were specified 
but the state superintendent had authority to ask for any other details 
which he desired. The reports of the trustees, the date for which was 
finally set between the first and the fifteenth of January ,^^ were required 

^8 Laws of N. Y., 1830, Ch. 320, Sec. 7. 

^Ubid., 1841, Ch. 260, Sec. 40. 

^o Ibid., 1843, Ch. 133, Sec. 7. 

" Ibid., 1847, Ch. 358, Sec. 2. 

*- Dix, School Acts and School Decisions, Albany 1837. Many of these decisions 
are incorporated in Randall's Digest, 1844. 

^^Laws of N. Y., 1843, Ch. 133, Sec. 14. They were originally required to be 
in on May 1. (Laws of 1812, Ch. 242, Sec. 17). 



60 EDUCATIONAL LEGISLATION IN NEW YORK 

to include the following items :'^ ''1. The whole time any school has 
been kept in their district during the year ending on tlie day previous 
to the date of such report, and distinguishing what portion of the time 
such school has been kept by qualified teachers. 2. The amount of 
moneys received from the town superintendent of common schools 
durmg such }'ear, and the manner in which such moneys have been 
expended. 3. The number of children taught in the district dur- 
ing such year. 4. The number of children residing in the district, on 
the last day of December previous to the making of such report, 
over the age of five years and under sixteen years of age (except Indian 
children, otherwise provided for by law),"*^ and die names of the parents 
or other persons with whom such children shall respectively reside, and 
the number of children residing with each. 5. The amount of money 
paid for teachers' wages, in addition to the public money paid therefor, 
and such other information in relation to the schools and the districts 
as the superintendent of common schools may from time to time require. " 
By virtue of the authorit}^, thus conferred on the superintendent, trus- 
tees were also required^^ to state in their annual reports, " (1) The number 
of books belonging to their district library on the last day of December 
in each year. (2) The number of times the school in their district 
has been inspected and visited by the county and town superintendents, 
respectively, during the year reported. (3) The names of the several 
school books in use in the school in their district, during such year. (4) 
The number of pupils who have attended the school in said district 
during the said year for a term less than two, four, six, eight, ten and 
twelve months. (5) The number of select and private schools in their 
district, other tlian incorporated seminaries, and the average number 
of pupils attending them during the preceding year. (6) The number 
of colored children between the ages of five and sixteen years, attending 
any school for such children estabhshed in the district, and instructed 
therein at least four months by a teacher duly licensed, specifying the 
number attending from different districts, designating such districts, 
and the number from each, the amount of money received from the town 
superintendent for such schools, during the year ending with the date 

" The first three items and part of the fourth were required b}' the law of 1812 
(Ch. 242, Sec. 17). The last part of the fourth from "names of parents" etc. was 
added in 1823 (Ch. 193, Sec. 2). The fifth was added in 1837 (Ch. 241, Sec. 6.) 

^' Children supported at a county poor house were not to be enumerated. Laws 
of N. Y., 1831, Ch. 277, Sec. 6. 

"Randall, Digest, p. 222. 



EDUCATIONAL LEGISLATION IN NEW YORK 61 

of their report, and the amount paid for the compensation of such 
teacher, over and above the pubhc money so received." 

The commissioners or town superintendents were required to report 
to the county clerk: 1. The whole number of districts and neighborhoods. 
2. The number which had reported. 3. The length of time during which 
each school had been kept, specifying during what portion of the time 
the school had been kept by qualified teachers. 4. The amount of 
money received in each district or neighborhood. 5. The number of 
children taught in each district and the number of children between 
the ages of 5 and 15 residing in each. 6. The whole amount of money 
received by the commissioners or superintendent during the year just 
ended .... 7. The manner in which the money paid for teachers' 
wages was raised, in addition to the public money, and the amount of 
taxes levied in each district; and any other information desired by the 
superintendent.'^ 

County reports were required to be made by the county clerks ex- 
cept when there were deputy or county superintendents.'^ These 
reports were to include the information given in the town reports,'' 
and in addition a statement of the whole number of towns and cities 
in the county, distinguishing those which had reported.''''^ When the 
county superintendents were making the reports they were also re- 
quired by the superintendent to report the number of schools visited 
by them and the frequency of these visits, and the conditions of the 
schools. They were expected to cover the following points in their 
reports: 1. Teachers: number, sex, compensation, length of service. 
2. Course and extent of study, number of pupils in school, number 
studying various subjects, e.g., arithmetic, grammar, etc. 3. General 
observations on efficiency of schools. 4. Condition of school houses. 
5. Condition of the district. 6. State of district libraries. 7. Num- 
ber of teachers certified during the year and summary of their ages. 
The superintendent was required to embody the information received 
by him in an annual report to the legislature, and to include in this 
report information relative to the school fund and suggestions for 
the better management of funds or schools.®^ Until 1819 no penalties 

"Laws of New York, 1819, Ch. 161, Sec. 16, and 1847, Ch. 480, Sec. 19, By 
the School acts of 1812 and 1814, the commissioners were directed to make a report 
"embracing the same matters as shall be contained in the report of the trustees." 

" Between the years of 1841 and 1847. Laws of 1841, Ch. 260, Sec. 38. 

"Laws of N. Y., 1812, Ch. 242, Sec. 17. 

'"Ibid., 1819, Ch. 161, Sec. 34. 

t^Ibid., 1812, Ch. 242, Sec. 17. 



62 EDUCATIONAL LEGISLATION IN NEW YORK 

were imposed in case of failure to make reports. In that year it was 
enacted^^ that if any trustee should make a false report for the sake 
of obtaining money fraudulently every trustee who signed such report 
should be fined $25 and costs, the money to be applied to the schools; 
and that if the commissioners should fail to make a report they were 
to be fined $10 each. In 1827 the commissioners were made personally 
liable for money forfeited by a town through the failure of the commission- 
ers to make the required report.®^ A penalty of $100, the money to 
become a part of the school fund, was established in 1822 for county 
clerks who failed in their duty in making reports.^^ 

Inspection of schools and direct supervision, from 1812 until 1841, 
was entirely in the hands of town inspectors. Neither the state super- 
intendent nor the district trustees had authority to inspect the schools. 
The school law of 1795 provided that the town commissioners should 
have superintendence of the schools in their respective towns, that they 
should withhold the state apportionment if the masters or the subjects 
studied did not meet with their approval, and that the district trustees 
should confer with them on all matters relating to the welfare of the 
schools. Succeeding laws gave more specific directions for inspection 
and supervision. In 1812''^ it was made the duty of the inspectors to 
"visit the several schools within their respective towns, quarterly or 
oftener if they deem it necessary; .... to examine into the state 
of the schools in their respective towns both as regards the proficiency 
of the scholars and the good order and regularity of the schools; and 
from time to time to give their advice and direction to the trustees, as 
to the government of the same." A clause was added in the act of 
1814,^^ which stated that the inspectors were "to give advice . . . 
as to . . . the course of studies to be pursued." The law of 1819" 
reduced the number of visits of inspectors to "once a year and oftener 
if they shaU deem it necessary." 

The matter of adequate inspection and supervision was perhaps 
the weakest point in the school system. Governor Clinton^^ in 1826 
remarked upon the necessity for some sort of visitorial supervision be- 
yond that already provided for. In the same year Mr. Spencer, of the 

^Uhid., 1819, Ch. 161, Sec. 28 and 16. 

«3 Revised Statutes 1827, Part I, Ch. 15, Title 2, Art. 3, Sec. 31. 

«*Laws of N. Y., 1822, Ch. 256, Sec. 9. 

"^Ihid., 1812, Ch. 242, Sec. 6. 

^^Ihid., 1814, Ch. 192, Sec. 24. 

^■'lUd., 1819, Ch. 161, Sec. 19. 

«8Gov. Message, 1826. 



EDUCATIONAL LEGISLATION IN NEW YORK 63 

literature committee of the senate, suggested that the county would be 
a convenient unit for a local board of supervision.®^ Supt. Flagg em- 
bodied the same idea in his report the next year/" when he said: "It 
is essential that the schools should be visited and inspected more fre- 
quently than is required by the present law, . . . the system of in- 
spection might be improved by the appointment of competent persons 
to visit the schools of a county or larger district; to investigate the mode 
of instruction, the qualifications of teachers, the application of the public 
money, and to inquire into all the operations of the school system. 
Such inspectors would aid the schools by their advice, and add to the 
stock of inteUigence on the subject of education by collecting infor- 
mation in relation to the condition of the schools and the manner in 
which they are conducted; and these inspections would be the means of 
more effectually ascertaining what the common schools now effect, and 
what they may be made to accomplish." 

In 1839 Mr. Spencer was elected Secretary of State and Superin- 
tendent of Schools. Through his efforts a law was passed^^ authorizing 
the supermtendent to "appoint such and so many persons as he shall 
from time to time deem necessary, to visit and examine into the con- 
dition of the common schools in the county where such persons may 
reside and report to the superintendent on all such matters relating 
to the condition of such schools, and the means of improving them, as 
he shall prescribe; but no allowance or compensation shall be made 
to the said visitors for such services. " Mr. Randall says: ^^ "These 
visitors were selected from among the most intelUgent citizens of the 
several counties, without distinction of party; and under specific in- 
structions from the department, most of the common schools of the 
state were visited by them, and a mass of valuable information respect- 
ing their condition and prospects, accompanied by suggestions for their 
improvement, obtained and communicated to the legislature." After 
the first returns from these visitors the superintendent reported:'^ 
"It has already been shown to the legislature, from the ofi&cial returns, 
that at least one-half of all the schools in the state are not visited at 
all by the inspectors. The reports of the visitors show that the ex- 
aminations of the inspectors are slight and superficial, and that no 

«» Senate Journal, 1826, p. 157. 

"An. Rept. of Supt., 1827, Ass. Jour. 1827, Appen. A. p. 4. 

"Laws of N. Y., 1839, Ch. 330, Sec. 8. 

'2 Randall, Digest, p. 66. 

^» Rept. of Supt. 1840 Ass. Doc. 1840, No. 307, pp. 5 and 10. 



64 EDUCATIONAL LEGISLATION IN NEW YORK 

benefit is derived from them. Many of the boards unhesitatingly 
recommend the aboUtion of the ofi&ce. . . . The superintendent is con- 
strained to express his concurrence in the opinion expressed by several 
of the boards of visitors, that the office of town inspector of schools is 
unnecessary, and rather an incumbrance on the administration of the 
system . . . the official reports show to what extent even the duty of 
simple visitation has been neglected. And when the nature of these 
visitations is considered, it will be obvious that if they were as frequent 
as might be desired, they could not accompUsh the great purpose in 
view. To be of any avail, the inspection of schools must be conducted 
by those who are competent to judge of the qualifications of the teacher, 
and of the progress of the pupils, by examinations in the different studies 
pursued, and to suggest such improvements and modifications as will 
enable the student to derive the greatest amount of benefit from the 
schools. And time must be devoted not only to the schools and their 
masters, but to the trustees and inhabitants." The superintendent 
therefore recommended the appointment of deputy superintendents 
in each county and in 1841 the office of deputy superintendent was 
created.''* 

Superintendent Young, in his report of 1843,^^ acknowledges a 
predisposition on his accession to office to use his influence to aboHsh 
the office of deputy or county superintendent, but after a thorough 
investigation he states his conclusion that properly qualified deputy 
superintendents can do more to elevate the schools than all other school 
officials and can more efficiently perform "that supervision which has 
heretofore been so deplorably neglected or badly executed." In this 
same report the Superintendent made a caustic criticism on the con- 
dition of education in the state, charging the people at large with neglect 
of the welfare of their children, the inspectors with incompetency and 
indifference, the teachers with ignorance and vice, and the legislators 
with having beeen "mercenary demagogues." He said that the schools 
were in "a lingering and almost hopeless state of degradation. " "Each 
of the 11,000 school districts," he continues, "is a separate principahty, 
isolated . . . ignorant of its own deficiencies, unenlightened by the 
advancing knowledge of the age, and wholly unable to avail itself of 
the improved systems of instruction which are yearly developed. . . . 
The county visitors state that from one-third to one-half of the children 
are daily absent, that a large number of school houses are . . . wholly 

'^ V. above, p. 57. 

" Rept. of Supt., 1843. In Ass. Doc, No. 14, pp. 20-40. 



EDUCATIONAL LEGISLATION IN NEW YORK 65 

unfit places for education. In some cases certificates are given to teach- 
ers who cannot do a simple sum in addition, . . . teachers notor- 
iously intemperate are employed." Following this report some slight 
changes were made in the regulations relative to the county superin- 
tendents.'''^ By the same act the town commissioners and inspectors 
were replaced by a town superintendent who assumed all their powers, 
including that of visiting the schools yearly or oftener. It was hoped 
that the concentration of responsibihty upon a single individual would 
prove more efficacious than the division of responsibility among several 
inspectors. The state superintendent in 1844'''' stated that the reports 
of the several county superintendents "exhibit unequivocal evidence of 
efficient exertions on their part, in the performance of the responsible 
duties assigned them by law and by the instructions of this department. 
To their efforts is to be attributed, to a very great extent the revolution 
in public sentiment, by which the district school from being the object 
of general aversion and reproach, begins to attract the attention and 
regard of all. To their enlightened labors for the elevation and advance- 
ment of these elementary institutions, we owe it in a great measure, 
that new and improved modes of teaching, of government and of dis- 
cipline, have succeeded in a very large proportion of the districts, to 
those which have thitherto prevailed; that a higher grade of qualifica- 
tions for teachers has been almost universally required; that parents 
have been induced to visit and take an interest in the schools; that pri- 
vate and select schools have been to a considerable extent discounten- 
anced, and the entire energies of the inhabitants of districts concen- 
trated on the district school; and that the importance, the capabihties 
and extended means of usefulness of these nurseries of knowledge and 
virtue, are beginning to be adequately appreciated in nearly every 
section of the state." 

Notwithstanding this showing the office was discontinued in 1847,'^ 
apparently because of a popular objection to the additional money re- 
quired for its maintenance. The superintendent in the report for 
1850^^ lamented this action and he spoke particularly of the impossi- 

" V. above p. 57. 

" Rept. of Supt., 1844, Doc. of Ass. 1844, No. 34, p. 19. 

" Laws of N. Y., 1847, Ch. 358, Sec. 1. The duty of making reports to the state 
superintendent again devolved on the County Clerk as before the creation of the 
oflBce of Co. Supt.; the duties of certification and inspection were left to the town 
Superintendent. 

" An. Rept. of Supt. 1850. In Ass. Doc. 1850, No. 50, p. 10, Christopher Mor- 
gan, Superintendent. 



66 EDUCATIONAL LEGISLATION IN NEW YORK 

bility of collecting the large amount of statistical information desired 
without some subordinate supervisory agents to carry on the necessary 
correspondence with individual towns. "The experience of the last 
two years" he said "warrants the assertion that an efficient admini- 
stration of the common school sytem cannot be secured without the as- 
sistance of this class of ofi&cers. " 

Teachers were employed and paid by the district trustees and only 
those certified by proper authorities were supposed to be employed.^" 
Their wages were paid partly out of the money arising from state funds 
and town tax, and partly by the money collected through the rate bill 
in each district, that is, by the actual patrons of the school in proportion 
to the number of days actually spent in school by their respective chil- 
dren.^^y/It was the evident intention of the framers of the original 
school law that state funds should merely be a source of encouragement 
to the people at large to support the schools generously. Evidences 
are not lacking that the inhabitants sometimes merely expended the 
public money and neglected or refused to pay a school teacher beyond 
the amount thereby provided. Mr. Spencer, in 1826, reported^^ " From 
the observation of the committee, and from the best information they 
can obtain, they are persuaded that the greatest evils now existing in 
the system are the want of competent teachers, and the indisposition 
of the trustees of districts to incur the expense of employing those who 
are competent, when they can be obtained. It is a lamentable fact 
that from a mistaken economy, the cheapest teachers, whether male 
or female, and generally the latter, are employed in many districts for 
three-fourths of the year, and a competent instructor is provided for 
only one-quarter, and sometimes not at all, during the year. The 
state is thus made to contribute almost wholly to the support of teachers. 
This is a perversion of the pubHc bounty; and its effect on the children, 
which ought to be provided with the means of instruction during the 
whole year, is most disastrous; for those above five or six years old are 
thus excluded from school three-fourths of their time, which must be 
spent in mental idleness, and thus the most precious time for education 
is utterly thrown away. "^ 

8° V. pp. 67-70, for certification of teachers. 

81 V. Support of Schools, Chap. VI, p. 134. 

82 Report of Literature Committee to the Senate, 1826, Feb. 4, Senate Journal, 
1827, p. 157. 

83 The ordihary salary for male teachers in 1840 is given as $20 a month, for female 
teachers $10. Doc. of Ass. 1840, No. 307, p. 5. 



EDUCATIONAL LEGISLATION IN NEW YORK 67 

The only suggestion of certification of teachers in the school law of 
1795 was the provision that the state apportionment might be withheld 
from any school if the commissioners did not approve of the moral 
character or abihty of the teacher employed. The law of 1812^ pro- 
vided that three or more inspectors should examine the teachers and 
approve or disapprove them and that " no person be employed as teach- 
er in any of the schools, in any of the districts of the state, who shall 
not have been previously examined by the inspectors . . . and have 
received a certificate signed by at least two of said inspectors, importing 
that he is duly qualified to teach a common school and is of good moral 
character. " No time limit was set for the expiration of such certificate 
and no provision was made for annulment. The law of 1814*^ included 
the form of certificate to be used, namely a statement that the teacher 
was of "good moral character, and sufiicient learning and abihty and 
... in all other respects well qualified to teach a common school;" 
provided for the annulment of a certificate at the discretion of three 
inspectors, three days' notice having been given to the trustees; and 
further provided that any district employing a teacher not holding such 
certificate should forfeit all claim to money in the hands of the com- 
missioners during the time such teacher should be employed. 

In 1819^^ it was made lawful for three or more of the inspectors to 
to examine "all persons offering themselves as candidates," and for 
a majority of those present to issue certificates. By this act it was 
required that a ten days' notice of annulment of certificates be given 
to trustees and teachers and that notice of such nullification be filed 
with the town clerk. It was provided that a teacher might be continued 
until the end of his contract if the trustees so desired provided the con- 
tract did not extend over more than three months beyond the date of 
annulment. The inspectors were authorized to call for the re-examina- 
tion of all teachers at any time. In the revised statutes of 1827^^ a 
qualified teacher is defined as one holding a certificate of quahfication 
dated within one year. 

The number of inspectors required to examine a teacher was re- 
duced to two in 1841, and by the same act the county superintendent 
was authorized to issue a certificate good in any town in the county, 

s^Laws of N. Y., 1812, Ch. 242, Sec. 6. 
«/^)zJ., 1814, Ch. 192, Sec. 19, 23. 
^'^Ibid., 1819, Ch. 161 Sec. 18. 

'' Revised Statutes 1827, Ch. 15, Tit. II, Art. 5, Sec. 93. This is the first mention 
of any limit to a certificate other than annulment by ofl&cial action. 



68 EDUCATIONAL LEGISLATION IN NEW YORK 

and with the consent of two inspectors to annul any certificate granted. ^^ 
In 1843^^ the inspectors were superseded by the town superintendent 
who received their power of certification and the county superintendent 
was authorized to issue two certificates, one good in the county and 
until annulled by him, the other good only in a specific town and for a 
year. No basis of distinction between the two is stated. The said 
superintendent could at any time annul a certificate granted by himself 
without the consent of any town official. By the same act the state 
superintendent was authorized to grant a state certificate valid until 
revoked by him. The same quahfications are cited, namely, moral 
character and abihty to teach a district school. In an act of 1847^° 
relative to town superintendents, a quahfied teacher is defined as one 
holding a certificate from the town superintendent dated within one 
year; no mention is made of a state certificate. In 1849^^ the diploma 
of the State Normal School was made equivalent to a certificate to teach 
anywhere in the State. 

No exact requirements for certification were ever stated in the laws. 
The decision as to what constituted "moral character and ability to 
teach a district school" was left to the judgment of the officials who 
issued them. Mr. Randall,^^ when superintendent, suggested that the 
following requirements be made before granting a certificate; "it should 
appear from the examination of the candidates that they are good spellers, 
distinct and accurate readers, write good plain hands, can make pens 
and are well versed, 1. in the definition of words; 2. in arithmetic, at 
least so far as the double rule of three; 3. in geography as far as con- 
tained in any of the works in ordinary use; 4. in the history of the United 
States, of England and of Europe generally; 5. in the principles of 
English grammar; 6. in the use of globes." 

Supt. Benton in 1848^^ said "A school teacher should have a complete 
knowledge of and be able to teach thoroughly orthography, reading 
writing, geography, history, mental arithmetic, written arithmetic, 
English grammar, natural philosophy and bookkeeping before a certifi- 
cate of qualification is granted. Other branches of Enghsh instruction 
are pursued in many of our common schools such as algebra, geometry, 

«8Laws of N. Y. 1841, Ch. 260, Sec. 6 and 36 Subdivision 2 and 3. 
"^^Ibid., 1843, Ch. 133, Sec. 8, 9, 10. 

^''Ihid., 1847, Ch. 480, Sec. 12, The office of County Supt. was abolished by Ch. 
358 of Laws of 1847 and the covmty certificate necessarily ceased to be issued. 
^UUd., 1849, Ch. 382, Sec. 11. 
8= Randall, Digest, 1844 p. 40. 
53 Ass. Doc. 1848, No. 5, p. 19. 



EDUCATIONAL LEGISLATION IN NEW YORK 69 

chemistry, human physiology, intellectual and moral philosophy, as- 
tronomy, science of government, drawing and vocal music with great 
success." 

From the many official complaints regarding teachers it is evident 
that the matter of certification was treated rather hghtly. The literature 
committee of the senate in 1826 reported^ "The present arrangement 
of the authority to license and employ teachers, contributes to this 
result (i.e. inefficiency of schools). Teachers are licensed by town 
inspectors, themselves generally and necessarily incompetent to determine 
upon the qualifications of candidates, and willing to sanction such as 
the trustees feel able or disposed to employ. This is essentially wrong 
and the state, which contributes so large a portion of the compensation 
of the teacher, has a right to direct its application in such a way as to 
eflfect the object of procuring useful instruction. The remedy must 
be found in the organization of some local board, vested with the author- 
ity of licensing teachers and of revoking the hcense, and charged with 
a general superintendence of the schools within the prescribed limits. 
The division of the state into counties affords a convenient distribution 
of territory for these purposes. And if it is to be made a condition of 
receiving the public donation, that teachers thus authorized shall have 
been employed for a portion of the year, it is believed that the sure and 
inevitable consequence would be the employment of instructors much 
more competent than the average of the present teachers. In those 
counties where the population is small and scattered, the standard of 
competency will necessarily be low, but it will advance with the means 
of the districts and with the prosperity and intelligence of the counties. 
In other counties, where candidates were more numerous, the qualifica- 
tions would be higher. The teachers would become emphatically a 
profession; men would devote themselves to it as the means of livelihood, 
and would prepare themselves accordingly. Their character would 
advance, and with it their usefulness and the respect of their fellow 
citizens. Such is an outline of the first efforts, which, in the opinion 
of the committee, should be made to obtain able teachers." 

In 1835 Supt. Dix^^ complained of carelessness in the matter of 
certification in much the same strain. Supt. Young in 1843^^ said, 
"If none but properly qualified teachers are permitted to find their 
way to our schools; if the certificate of the examining officer, and the 

9* Report of Lit. Com. in Senate, 1826, Feb. 4, Senate Journal 1826, p. 157. 

w Rept. of Supt. in Ass. Doc. 1835, No. 8, p. 15 ff. 

" Supt. Report, 1843. In Ass. Doc. 1843, No. 14, pp. 20-40. 



70 EDUCATIONAL LEGISLATION IN NEW YORK 

sanction of his authority, are given to those only who are intellectually 
and morally fitted adequately to discharge the duties of instructors of 
youth, . . . these elementary institutions will speedily become the 
fitting temples of science, the nurseries of virtue, and the pride and boast 
of the state. Hitherto this duty has been deplorably neglected; and 
the disastrous consequences are everywhere visible in the degradation 
of the district school, the substitution of private and select schools of 
every grade, the low estimation in which the profession of teacher is 
held, and the miserable pittance — too often most costly in its utmost 
scantiness — which is reluctantly doled out to the needy and destitute 
adventurer. A thorough reform in this respect is imperatively demand- 
ed as well by public sentiment as by a just regard to the paramount 
interests of education; and no considerations of temporary convenience 
to a particular district, of favor to individuals, or of regard to the pre- 
judice or preferences of inhabitants or trustees, will, it is hoped, here- 
after be permitted in any case to sway the action of the certifying officer, 
or incline him, either to the right or the left, from the plain path of duty 
and obligation. A certificate should in no case, and under no circum- 
stances, be granted, unless the candidate is found upon a careful examina- 
tion, well qualified to instruct in all the ordinary branches usually taught 
in common schools, thoroughly versed in the principles of elementary 
science, capable of readily applying them to any given case, and able 
to communicate with facihty, the results of his knowledge; and unless 
in addition to this, his character and demeanor are irreproachable, his 
habits exemplary, and his moral principles undoubted." 

The report of the commission on common schools in 181 P''' set forth 
the neccessity of employing only moral and efficient teachers but fore- 
saw, apparently, no need of special training. "The legislature will 
perceive, that the commissioners are deeply impressed with the impor- 
tance of admitting such teachers only, as are duly qualified. The re- 
spectabiHty of every school must necessarily depend on the character 
of the master. To entitle a teacher to assume the control of a school, 
he should be endowed with the requisite hterary quahfications not only, 
but with unimpeachable character. He should also be a man of patient 
and mild temperament. To enable a teacher to perform the trust 
reposed upon him, the above quahfications are indispensable. As an 
impediment to bad men getting into the schools as teachers, it is made 
the duty of the town inspectors strictly to inquire into the moral and 
hterary qualifications of those who may be candidates for the place of 

"v. Chap. I, p. 15. Note 70. 



EDUCATIONAL LEGISLATION IN NEW YORK 71 

teacher. And it is hoped that this precaution, aided by that desire which 
generally prevails of employing good men only, will render unnecessary 
any other measure." Evidently the hopes of the commission were 
not realized for complaints of the inefficiency of teachers of common 
schools and pleas for some provision for their training and instruction 
appear with monotonous regularity in the messages of the Governors 
after 1819 when DeWitt CHnton strongly urged the need of some sort 
of training.^^ The evils of poor instruction must have been acute for 
he refers to the subject in his messages of 1820, 1825, and 1826.^^ In 
the latter he said, "It must be conceded that the information of many 
of the instructors of our common schools does not extend beyond rudi- 
mental education. ... I therefore recommend a seminary for the 
education of teachers in the monitorial system of instruction and in 
those useful branches of knowledge which are proper to engraft elemen- 
tary attainments." 

A senate committee considered this suggestion and brought in a 
bill to "increase the common school fund and the literature fund, to 
promote the education of teachers and to regulate their appointment." 
It was not passed^"*' nor was Governor Clinton's idea of a separate school 
for training teachers reaUzed until 1844. In 1827^"^ he urged that there 
be a central school in each county for the education of teachers. An 
act was passed^°^ "to increase the school and literature funds and im- 
prove the education of teachers." The true significance of this bill 
does not appear on its face; the report^"^ accompanying it, however, 
makes clear the real object of the increase of funds and of the regulations 
for their distribution. "Every citizen who has paid attention to it," 
the report states "knows that the incompetency of the great mass of 
teachers is a radical defect, which impedes the whole system, frustrates 
the benevolent designs of the legislature and defeats the hopes and 
wishes of all who feel an interest in disseminating the blessings of edu- 
cation. " . . . "The colleges and academies ought to furnish compe- 
tent instructors and indeed to them we are indebted, but chiefly to the 
academies, for the qualified instructors now employed. " After speaking 
of the proposed increase in the hterature fund and the method of dis- 
tribution, the report continues, " the object is to promote the education 

98 Gov. Mess. 1819. 

^^Ibid., 1820, Nov. 7; 1825, Jan. 4; 1826, Jan. 3. 

""Lincoln, Messages from the Governors, III, p. 117, Note 2. 

"'Gov. Mess., 1827. 

"2 Laws of New York, 1827, Ch. 228. 

"3 Senate Journal, 1827, p. 224-229. 



72 EDUCATIONAL LEGISLATION IN NEW YORK 

of young men in those studies which will prepare them for the business 
of instruction. . . . There is a radical deep and extensive defect in 
our common school system . . . and that defect consists in the want 
of competent instructors." Teachers were not mentioned in the bill 
itself, but the literature fund was increased and the distribution of its 
income was limited to those academies teaching classical and higher 
English branches. 

The report of the hterature committee in the preceding year^°* also 
shows clearly the motives which inspired this bill: "In the view which 
the committee have taken, our great reliance for nurseries of teachers 
must be placed on our colleges and academies. If they do not answer 
this purpose they can be of very little use. That they have not hitherto 
been more extensively useful in that respect, is owing to inherent defects 
in the system of studies pursued there. When the heads of our colleges 
are apprised of the great want of teachers which it is in their power to 
so completely relieve, if not supply, it is but reasonable to expect that 
they will adopt a system by which young men whose pursuits do not 
require a knowledge of classics, may avail themselves of the talent and 
instruction in those institutions suited to their wants, without being 
compelled also to receive that which they do not want, and for which 
they have neither time nor money." 

"Our academies also have failed to supply the want of teachers to 
the extent that was within their power; although it is acknowledged 
that in this respect they have been eminently useful. But instead of 
being incited to such efforts, they are rather restrained by the regulations 
adopted by the Regents of the University for the distribution of the 
literary fund placed at their disposal. The income of that fund is 
divided among the academies in proportion to the number of classical 
students in each, without reference to those who are pursuing the highest 
and most useful branches of an EngHsh course. With such encourage- 
ment, how could it be expected of trustees of academies that they should 
prefer a pupil disposed to study the Elements of Euchd, Surveying, or 
Belles-lettres, to a boy who would commit the Latin grammar, while 
the latter would entitle them to a bounty which was refused to the for- 
mer? The committee are not disposed to censure the Regents; they have 
merely followed the fashion of the times; and it is believed that they 
are themselves alive to the importance of extending the usefulness of 
the institutions under their care, by adapting them more to the wants of 

"* Report of Literature Committee to the Senate, Mr. Spencer, Chairman, 1826. 
In Senate Jour. p. 157 and 158. 



EDUCATIONAL LEGISLATION IN NEW YORK 73 

the country and the spirit of the age. But if they should not be willing 
to extend the benefits of the fund under their control, beyond classical 
students, still it will be in the power of the legislature, and within the 
means of the state, to appropriate a capital sum that wiU yield a sufficent 
income to compensate for this inequality, and to place the Enghsh 
students on the same footing with the others, and thus make it the 
interest of the academies to instruct them. And if this bounty be 
distributed in reference to the number of persons instructed at an acad- 
emy who shall have been licensed as teachers of common schools by 
the proper board, it is beheved the object of obtaining able instructors 
will soon be accomplished." 

Governor Clinton's next suggestion was that the supervisor in each 
county raise $2,000 by subscription for a monitorial high school in the 
county town.^°^ Enos Throop,^"® and WilHam Marcy^"^ seconded 
Chnton's efforts and at length provision was made for estabUshing 
normal departments in certain academies. It was enacted^°^ that 
" the revenue of the literature fund hereafter to be paid into the treasury, 
over the sum of twelve thousand dollars, or portions thereof, may be 
distributed by the regents of the university, if they shall deem it ex- 
pedient, to the academies subject to their visitation, or a portion of 
them, to be expended as hereinafter mentioned. The trustees of 
academies to which any distribution of money shall be made by 
virtue of this act, shall cause the same to be expended in educating 
teachers of common schools, in such manner and under such regula- 
tions as said regents shall prescribe. " In 1835, Gen. Dix, as chairman 
of a committee of the Regents of the University, appointed to pre- 
pare and report a plan for the better education of teachers of common 
schools, submitted to the regents a report recommending the estabhsh- 
ment and organization of a teachers' department to be connected with 
one academy, to be designated by the Regents, in each of the eight 
senatorial districts of the state; indicating the course of study to be 
pursued in such departments; and suggesting for the consideration of 
the Regents the academies to be selected for this purpose, which 
should each receive annually the sum of $400 from the fund applicable 
to this object. The report was agreed to by the Regents.^"' Pur- 

** Gov. Mess. 1828. In this he cited the Livingston Co. High School as a 
successfiil example. 
^^'Ibid., 1830. 
'°'Ibid., 1834. 

"8 Laws of N. Y., 1834, Ch. 241. 
"» Randall Digest, p. 59. 



74 EDUCATIONAL LEGISLATION IN NEW YORK 

suant to this adoption the Regents agreed that they would appro- 
priate $4,000 for the first establishment of such departments and 
$3,200 annually to be divided among eight schools, one to each 
senate district, namely: Erasmus Hall (Washington Academy in Wash- 
ington Co. was substituted in 1836), Montgomery, Kinderhook, St. 
Lawrence, Fairfield, Oxford, Canandaigua and Middlebury academies, 
provided the trustees of these academies agreed to the establishment 
of such departments.^^*^ In 1837^^^ an act was passed as follows: 
"The institutions in which departments for the instruction of com- 
mon school teachers are or shall be established, shall make to the 
superintendent of common schools an annual report of the condition of 
those departments, in such form and containing such information as 
he may from time to time require and in respect to the organization 
and management of the departments and the course of studies therein, 
the said institutions shall be governed by such direction as he may pre- 
scribe; and he may direct the said forms and direction to be printed by 
the state printer. " The regents' report of 1838 states that these acad- 
emies agreed to organize such departments.^^ 

In 1838 Governor March again deplored the inefl&ciency of teach- 
ers.^^^ He stated that the normal departments in the eight academies 
were doing well but were not enough to supply the demand. He recom- 
mended more such schools or a normal school in each county. In this 
year the amount to be distributed yearly from the literature fund was 
increased by $28,000 from the United States deposit fund and every 
academy receiving as much as $700 per annum was required to main- 
tain a department for the instruction of common school teachers under 
the direction of the regents.^^* This provision for establishing normal 
departments did not meet the approval of the regents. They reported: 
"It appears that eight departments for normal work should be established 
under the law of 1838; four of these will be connected with academies so 
situated as to afford no reason to suppose they wiU promote to any con- 
siderable extent to the object of their institution.""^ The academies 
designated were Erasmus Hall, Amenia, Albany Female, Troy Female, 
Genessee-Wesleyan, Cortland, Rochester Collegiate and Ithaca Acad- 
emies. The regents objected that three of these were in cities, not, 

"" Instructions from the Regents for Academies, 1836, p. 88. 

"iLaws of N. Y. 1837, Ch. 241. 

112 Regents' Report 1838, p. 88. 

"'Gov. Mess. 1838. 

"*Laws of N. Y., 1838, Ch. 237. 

"SRept. of Reg. 1838, p. 13. 



EDUCATIONAL LEGISLATION IN NEW YORK 75 

they said, the best situation for a normal school; that two were female 
academies; and that this arrangement left the fifth district entirely 
unprovided for. Evidently they did not forecast the feminization of 
the schools for their objection to the female academies was that whereas 
their present curriculum was suited to their constituency, normal train- 
ing would not be thus suited, and that if this plan were carried out it 
would be necessary to open the schools to young men. 

Governor Seward seems to have been eminently satisfied with the 
prospect. In 1839 he said, " We seem at last to have ascertained the only 
practicable manner of introducing normal schools into our country. 
It is by engrafting that system on our academies.""® The matter 
of normal training, however, was not to be settled in this way. In 
1844 a normal school to be built at Albany was finally provided for."'' 
By this law it was enacted that "1. The treasurer shall pay on the 
warrant of the comptroller, to the order of the superintendent of common 
schools from that portion of the avails of the Hterature fund appropriated 
by chapter two hundred and forty-one of the laws of one thousand 
eight hundred and thirty-four, to the support of academical depart- 
ments for the instruction of teachers of common schools, the sum of 
nine thousand six hundred dollars; which sum shall be expended under 
the direction of the superintendent of common schools, and the re- 
gents of the university, in the estabUshment and support of a normal 
school for the instruction and practice of teachers of common schools 
in the science of education and in the art of teaching, to be located in 
the county of Albany. 

"2. The sum of ten thousand dollars shall, after the present year, 
be annually paid by the treasurer on the warrant of the comptroller, 
to the superintendent of common schools, from the revenue of the 
literature fund, for the maintenance and support of the school so estab- 
blished, for five years, and until otherwise directed by law. 

"3. The said school shall be under the supervision, management 
and government of the superintendent of common schools and the 
regents of the University. They shall appoint a board consisting of 
five persons, of whom the said superintendent shall be one, who shall 
constitute an executive committee for the care, management and govern- 
ment of the said school under the rules and regulations prescribed as 
aforesaid, whose duty it shall be from time to time to make full detailed 
reports to the said superintendent and regents, and among other things 

"«Gov. Mess., 1839. 

"'Laws of N. Y., 1844, Ch. 311. 



76 EDUCATIONAL LEGISLATION IN NEW YORK 

to recommend the rules and regulations which they deem necessary 
and proper for the said school.""^ 

The said funds did not yield enough to meet this appropriation and 
the general treasury was instructed to make good the deficiency; the 
money so expended to be repaid from the United States deposit fund. 
The appropriation was continued for five years."^ 

Governor Wright in 1845^^° voiced an objection to the normal school 
which he said, was "creating serious apprehensions in the minds of 
portions of our citizens." The fear was that such a school maintained 
by the state would have a political affihation with the party which esta- 
blished it which would prove disastrous to the state. He declined to 
express an opinion himself but his next message is frankly favorable.^^^ 
The report for the first year showed that ninety-eight attended during 
the first term, one hundred and eighty-five during the second term, 
and one hundred and ninety-seven during the third. Of this latter 
number one hundred and seventy-six had already taught. The com- 
mittee reported that by fitting up more rooms they could accomodate 
two hundred and fifty-six, and that in the future all pupils would be 
selected by the county superintendent from the counties upon the 
ratio of representation in the assembly and equally entitled to a dis- 
tributive share of the public money for tuition and a part of their travel- 
ing expenses by an equitable reference to the distance traveled. During 
the first year $.75 per week was paid toward the board of each state 
pupil. Whether this was continued is not clear. The governors in 
1848, 1849, and 1850 reported that the normal school was justifying 
"the warmest anticipations of its friends. "^^^ 

For the years 1847 and 1848 besides the $10,000 for support, $500 
was approriated in each year, "for the purchase of books, scientific 
apparatus, furniture and making repairs, in the school rooms and build- 
ing occupied by the school. "^^ The school was made permanent by 
the act of 1848^24 which directed that not more than $15,000 should 
be paid over from the general fund to the state superintendent for 

"* It will be noticed that the law of 1837 (v. p. 74) required that academies having 
normal depts. report to the State Supt. The law of 1838 (v. p. 74) put them imder 
the direction of the regents. This act recognizes both. 

"9 Laws of N. Y. 1845, Ch. 142. 

120 Gov. Mass., 1845. 

121 Gov. Mess., 1846. 

122 Gov. Mess., 1848, 1849 and 1850. 

123 Laws of N. Y., 1847, Ch. 50. 
^■^Ibid., 1848, Ch. 318. 



EDUCATIONAL LEGISLATION IN NEW YORK 77 

erecting a suitable building for the school and continued the provisions 
of the act of 1844. The next year $10,000 more were appropriated 
for completing the building.^^^ An appropriation of $2,000 more for 
"window blinds and seats" was made jn 1850 and $300 for repairs.^® 

Normal departments in the academies were evidently not discon- 
tinued although no mention of them has been found in the legislation 
after 1838 until the appropriation bill of 1849^^^ which provided that 
out of the literature or the United States deposit fund $250 should be 
paid in 1850 to one or more academies in each county, provided it had 
instructed twenty pupils for at least four months in the science of 
common school teaching. 

The curriculum of the common schools was not established by law. 
The report of the Commission of 1812 suggested "reading, writing, arith- 
metic and the principles of morality" as essentials. In 1826^^^ Gov. 
DeWitt CUnton made a comment which suggests that the curriculum 
had been kept within these limits: "Our system of instruction, with 
all its numerous benefits, is still, however, susceptible of improvement. 
Ten years of the life of a child may now be spent in a common school. 
In two years the elements of instruction may be acquired, and the 
remaining eight years must either be spent in repetition or in idleness, 
unless the teachers of common schools are competent to instruct in 
the higher branches of knowledge. The outlines of geography, algebra, 
mineralogy, agricultural chemistry, mechanical philosophy, surveying, 
geometry, astronomy, political economy and ethics, might be com- 
municated in that period of time by able preceptors, without essential 
interference with the calls of domestic industry." 

Superintendent Flagg in 1827^^^ recommended that "The course 
of instruction in the common schools ought to be adapted to the business 
of hfe, and to the actual duties which may devolve upon the person 
instructed. In a government where every citizen has a voice in deciding 
the most important questions, it is not only necessary that every person 
should be able to read and write, but that he should be well instructed 
in the rights, privileges and duties of a citizen. " In 1835 Superintendent 
Dix^^° after remarking on the defective state of the systems of instruction 

^■>^Ibid., 1849, Ch. 50. 

^■^Ibid., 1850, Ch. 133 and 274. 

i"7Jjrf., 1849, Ch. 174. 

1=8 Gov. Message, 1826. 

129 Ass. Jour. 1827, App. A. p. 9. 

"oRept. of Supt. for 1835, pp. 23-32. 



78 EDUCATIONAL LEGISLATION IN NEW YORK 

in common schools, proceeded at considerable length to combat the 
idea that the education which an individual receives, should be designed 
exclusively to fit him for the particular employment which he is destined 
to pursue. "The attention of the great body of the people" he remarks, 
"should be directed to objects beyond the sphere of the employments 
on which they depend for their support. . . . Knowledge carries with it 
influence over the minds of others, and this influence is power. In free 
governments . . . what is of more vital concern, it is pohtical power. " 
And he illustrates these views by a reference to the range and importance 
of the duties devolving upon every American citizen. He makes, the 
definite suggestion that the curriculum of the elementary schools should 
cut down the time spent on grammar and should add 1. geography, 
including that of the state, the United States and a brief account of 
the geography of the world; 2. history of the United States and the ele- 
ments of general history; 3. arithmetic as far as and including the 
rule of three to which should be added the elements of geometry; 4. 
civil and criminal jurisprudence, that is a few practical principles; 5. 
constitutional law such as may be obtained by studying the constitution 
of the United States and of New York; 6. the duties of pubhc officers, 
so much as relates to state, country and town officials. 

The following list of subjects studied in the common schools is found 
in the report of the Superintendent for 1843^^^ 

Number of pupils in attendance 173,384 

Number engaged in learning the alphabet 9,377 

Number engaged in learning to spell exclusively 37,847 

Number engaged in learning reading and spelling 132,549 

in learning definition of words 19,370 

in learning arithmetic 64,705 



Number engaged 
Number engaged 

Number engaged in learning geography 41,051 

Number engaged 
Number engaged 
Number engaged 
Number engaged 
Number engaged 
Number engaged 



in learning history 6,973 

in learning English grammar 28,119 

in learning use of globes 358 

in learning algebra 616 

in learning natural philosophy 2,500 

in learning chemistry and other branches 1,904 

This hst together with the requirements suggested by Superintendent 
Benton in 1848^^^ as a prerequisite for certification and his state- 
ment of the subjects taught in the common schools show that the cur- 

"iSupt. Rept. Ass. Doc. 1843, No. 14, p. 7. 

"-V. p. 68 above and curriculum of academies. Chap. Ill, pp. 48-49. 



EDUCATIONAL LEGISLATION IN NEW YORK 79 

riculum was rapidly widening and was beginning to overlap that of the 
academies. The number of pupils studying the more advanced 
subjects, however, was small. Only six per cent studied history; two 
per cent geography; two and one-half per cent "natural philosophy, 
chemistry and other branches"; and even arithmetic enlisted only 
39 per cent of the total enrollment. 

A memorial presented to the legislature in 1835 by six men from Al- 
bany shows the opposition to this widening of the curriculum. They 
urged that the attention of the school be concentrated on the elementary 
work and advised evening schools with itinerant teachers "for such 
as wish to study parsing and the intricate rules of arithmetic since 
otherwise the little children do not receive adequate attention." The 
statement continues "let us remark that the teaching of grammar, 
geography, penmanship, reading and arithmetic, all in one short winter 
day creates a preposterous jargon and frustrates the benign intention 
w^en forming the institution" (of the common schools) .^^^ 
y''^ The Ubrary idea appeared in school legislation in 1835 in which 
year an act was passed^^^ authorizing each district to levy a tax not ex- 
ceeding $20 for the first year, or $10 thereafter, for purchasing a district 
library. When the income of the United States deposit fund was appro- 
priated to the use of schools $55,000 annually was set aside to be dis- 
tributed among the school districts on condition that an equal amount 
be raised by the district. This money was to be used for three years 
for purchasing a library and thereafter for a library or teachers' wages 
in the discretion of the inhabitants.^^^ It was reported in 1840 that 
in most districts libraries were in operation. ^^'^ An act of 1843^^^^ provided 
that no district should receive a share of this fund unless it could show 
that the money previously received had been properly expended. It 
was further provided that when in a school of over fifty pupils the library 
had reached a total of 125 volumes, or 100 volumes in a school of less 
than fifty pupils, the money might be spent for maps, globes, blackboards 
or scientific apparatus. \ 

"'Assem. Doc. 1835, Vol. I, No. 34. 

134 Laws of N. Y., 1835, Ch. 80. The trustees of the district were made trustees 
of the library and responsible for its maintenance, Ihii., 1839, Ch. 177. 

"5 Ihid., 1838, Ch. 237, Sec. 4. The three years was changed to five by 1839, 
Ch. 177. 

i3«Ass. Doc. 1840, No. 307, p. 6. 

1" Laws of N. Y., 1843, Ch. 133, Sec. 15 and 16. 



80 EDUCATIONAL LEGISLATION IN NEW YORK 

The school law provided neither for systematic grading nor for 
anything analagous to the present day high school.'^^^ Some regulations 
relative to separating the different grades were made in certain cities 
and will be spoken of later. The place of the modern high school was 
filled to some extent by incorporated academies under the control of 
the regents. The special provisions and regulations for the conduct 
of education in the cities and larger towns and the details for the support 
of schools are so numerous as to call for separate discussion. 

"'The Union Schools estabhshed m accordance with an act of 1857 (Ch. 433) 
were the foundation of the public secondary system. By this act several districts 
were allowed to unite and form one district and to elect a Board of Education which 
had authority to estabHsh academical departments, under the direction of the regents, 
wherever it seemed desirable. 



CHAPTER V 

Special Legislation for Cities 

The district school of New England developed in response to the 
needs of small, rural communities, in a sparsely settled country where 
facilities for transportation were poor. New York adopted the same 
unit for school organization at a time when similar conditions existed 
in that state. Notwithstanding the acknowledged defects of the dis- 
trict system it was suited in some measure to the needs and limitations 
of a scattered population; but the small independent district with its 
meagre funds and intense individuaHsm was ill-adapted to the require- 
ments of larger communities. The special legislation for towns and 
elites in New York is due partly to the necessity of adapting the estab- 
lished system to the changing conditions of growing communities; 
partly, to the fact that where schools were already in existence they 
were sometimes utilized and were made to some extent a part of the 
state system. >/ 

The City of New York 

Because of certain differences in conditions and development it 
seems best to speak of the City of New York apart from the other cities 
of the state. The situation in this city was peculiar chiefly in this, 
that private schools for the well-to-do and charity schools for the poor, 
under the patronage of religious or philanthropic organizations, were 
already estabhshed in considerable numbers* when the first step was 
taken toward a permanent state system of elementary education. For 
many years an effort was made to coordinate these private institutions 
with the state school system but the attempt was not successful and 
finally complete pubHc control was established. 

Special arrangements were made for the City of New York by the 
school act of 1795 and by an act supplementary to the school act of 

1 Boese, Hist, of Public Ed. in City of N. Y. p. 24, cites the Directory of 1805 
as authority that there were 141 teachers in N. Y. at that time, including those who 
taught in Chvirch Schools. Hasse, Economic Index, New York, p. 208 names nine 
private and parochial schools whose records go back of 1812, and eight more whose 
records begin before 1820. 






82 EDUCATIONAL LEGISLATION IN NEW YORK 

1812 whereby the state funds were to be divided among existing schools. 
Until 1820 the Free School Society, an undenominational school estab- 
lished in 1805, and the church schools worked in apparent harmony 
dividing between them the pubHc funds. As the result of a religious 
controversy from 1820 to 1824, the Free School Society was left in 
practical control of public education in New York until 1842. Great 
dissatisfaction had arisen meantime over the concentration of power and 
pubHc funds in the hands of a private corporation. In 1842 the Society 
was forbidden to open any new schools, a board of education was estab- 
lished for the city, and the system of the rest of the state was extended 
to New York, each ward being considered as a district. These contro- 
versies are reflected in the legislation, but the laws themselves give little 
clue to the underlying reasons for the enactments made and it is often 
necessary to go to other sources in order to understand the meaning 
of^the action taken by the legislature.^ 

The law of 1795^ which provided for the estabhshment of common 
schools throughout the state made the following arrangement for New 
York: that ''the common council cause as well as the money so appro- 
priated for encouraging and maintaining schools in the city and county 
of New York as the money to be raised in the said city and county for 
the same purposes by virtue of this act to be appHed for the encourage- 
ment and maintenance of the several charity schools as of all otlier schools 
in which children shall be instructed in the Enghsh language or taught 
EngHsh grammar, arithmetic, mathematics, and such other branches 
of knowledge as are most useful and necessary to complete a good Eng- 
lish education, whether the children taught in such charity school shall 
be the children of white parents or descended from Africans or Indians,' 
in such manner as the common council shall think proper and in con- 
formity with the intent of this act." The city government in 1797 
represented that the basis of distribution suggested in the preceding 
act, namely the whole number of days of attendance, was impracticable 
and secured an 'amendment,^ which provided that 1/6 of the money, 
both appropriated and raised, should be assigned to charity schools, 
the same to be distributed according to the judgment of the common 

- Boese, in an official report to the Board of Education, entitled, "Public Educa- 
tion in the City of New York," gives a detailed though somewhat partisan history 
of the Free School Society based on reports and documents of the Society and of the 
Board of Education. Dunshee, in "Schools of the Reformed Dutch Church," states 
the other side of the religious controversy. 

3 Laws of N. Y., 1795, Ch. 82. * 

^lUd., 1797, Ch. 34. 



EDUCATIONAL LEGISLATION IN NEW YORK 83 

council; that the remainder be distributed ''among the schools which 
in any wards in the said city might be established and conducted in 
conformity to the said act and in proportion to the number of days 
of instruction given in such schools respectively; but not more than the 
amount paid or agreed to be paid to the master for teaching the said 
scholars in such school." And, moreover, the city government was 
authorized to devote the said 5/6 part and any residue in their hands 
"until such school or schools shall be estabUshed and all such surplus, 
if any, as such schools shall not be entitled to receive according to the 
direction of this act, from time to time to the erecting, supporting, and 
maintenance of one or more free schools in the city of New York, in 
which the scholars shall be instructed in the English language, or be 
taught reading, writing, the Enghsh grammar, arithmetic, mathematics 
and such other branches of knowledge as are most useful and necessary 
to complete a good Enghsh education; which public school shall be sub- 
ject to the direction of the mayor, aldermen and commonalty of the 
city of New York for the time being, and of such commissioners as they 
from time to time appoint for that purpose." It was further enacted 
that children should be received according to the priority of their appli- 
cation and, if more should apply than could be received, preference 
should be determined by ballot. It should be noted that the term / 
"free school" does not necessarily mean a school in which no tuition I 
was charged but merely indicates that there were no restrictions of race, I 
color, or religion and usually, that poor children were admitted free of ; 
expense. 

If such schools had been established in sufficient numbers to take 
care of the school population much trouble might have been saved 
later; but unfortunately the ward schools and the free schools outlined 
in this amendment, seem not to have materialized. In 180P the mayor 
and commonalty were directed to divide equally the money remaining 
in their hands under the act of 1795 among the trustees of the African 
School and the following church organizations: the Episcopal Church 
(Trinity), Christ's Church, the First Presbyterian, the Reformed Dutch, 
the Methodist Episcopal, the Scotch Presbyterian, the United German 
Lutheran, the German Reformed, the First Baptist, and the Church 
of the United Bretheren. This money was directed to be put out at 

^Ibid., 1801, Ch. 189. 

' This was the school of the Manumission Society established in 1785 and in- 
corporated 1808. The schools established by this Society became the colored schools 
of the Bd. of Ed. Boese, op. cit., p. 23. 



84 EDUCATIONAL LEGISLATION IN NEW YORK 

interest and the income annually expended "in the instruction of poor 
children in the most useful branches of common education." The 
trustees of each organization were directed to make annual reports 
to the common council as to the method of expenditure on pain of for- 
feiting the whole amount. 

In 1806 the charity school connected with Trinity Church was in- 
corporated under the title of "The Trustees of the Fhst Protestant 
Episcopal Charity School."^ The use of any fund which had accrued 
to the school under the above act was vested in the trustees and they were 
authorized "to receive and admit into the said school, to be boarded, 
lodged, clothed and educated, or to be educated only at the expense of 
the corporation hereby erected, such and so many poor children of either 
sex, as they shall judge fit so to admit." The following extract from 
the act of incorporation indicates the scope of the responsibihty taken 
by such charity schools: "The parents of every such poor child or the 
person or persons authorized by law to bind out the same, shall sub- 
scribe in writing his, her or their request or consent to such admission; 
and . . . every such poor child having been so received, shall be boarded 
lodged, clothed and educated, or educated only, as the case may be, 
at the expense of the said corporation and until he or she shall have 
attained the age of fourteen years; and such of them as shall have been 
so boarded, lodged, clothed and educated, as aforesaid, may then be 
placed out and bound apprentice, by the said corporation, to and with any 
suitable person or persons in this state to learn such trade, business, 
or profession, and upon such terms and conditions, and for such period 
of time, in the case of boys not to exceed the age of twenty-one years 
and in the case of girls not to exceed the age of eighteen years, as to 
the said trustees or the major part of them, shall appear ehgible. " 
In this same year^ the Free School of St. Peter's Church, (Roman 
CathoHc) was granted pubhc money equal in amount to that paid to 
each of the above mentioned schools, the money to be used in the same 
way. A similar act made a like provision for the Shearith Israel Con- 
gregation in 1811.^ 

Meanwhile a new society had been incorporated which was destined 
to play a conspicuous part in the city.^° The following preamble to 

' Laws of N. Y., 1806, Ch. 52. 

»Ibid., 1806, Ch. 63. 

^Ibid., 1811, Ch. 246. 

^°Ihid., 1805, Ch. 108. By a new charter in 1808 (Ch. 99) the name was 
changed to the Free School Society of the City of New York. 



EDUCATIONAL LEGISLATION IN NEW YORK 85 

the articles of incorporation sufficiently sets forth the object: "... 
DeWitt Clinton and others have associated themselves for the laudable 
purpose of establishing a free school in the City of New York for the 
education of the children of persons in indigent circumstances, who 
do not belong to or are not provided for by any religious society and the 
said persons have presented a petition to the legislature setting forth 
the benefits which would result to society by the education of such 
children, by implanting in their minds the principles of religion and 
morality, and by assisting their parents in providing suitable positions 
for them, where habits of virtue and industry may be acquired, and 
... it would enable them more effectually to accomplish the bene- 
volent objects of their institution, if their association were incorpora- 
ted." The incorporation provided that the trustees should establish 
" two or more free schools ... for the more fully extending the benefits 
of education to poor children." Forty names were given as members 
of the corporation besides the mayor and common council who were 
members ex-officio, and membership was open to anyone who should 
contribute eight dollars to the support of the school. Application 
to the legislature for assistance in 1807 led to the enactment :^^ "That 
out of the monies appropriated by the act entitled 'An act to lay a duty 
on strong hquors, and for regulating inns and taverns to the payment 
of the contingent charges to the city of New York' there should be paid 
to the trustees of this society for the purpose of erecting a suitable 
building or buildings, for the instruction of poor children, the sum of 
$4,000 and every year hereafter, until the pleasure of the legislature 
shall otherwise determine, there shall be paid to the trustees . . . 
the amount of $1,000 for the purpose of promoting the benevolent 
objects of the corporation." A further grant of four thousand dollars 
from the same fund was made in 1811 "for the purpose of erecting 
another building for the instruction of poor children;" and it was further 
enacted that "every year hereafter until the pleasure of the legislature 
shall otherwise determine, there shall be paid to the said trustees out 
of the proceeds of the said fund, in addition to the annual sums here- 
tofore granted, the sum of five hundred dollars for the purpose of pro- 
moting the benevolent objects of the said corporation. "^^ 

" Ibid , 1807, Ch. 20, Boese, op. cit., p. 30 says that the school at that time num- 
bered 150 pupils, including 50 pauper children received in return for the use of a 
building granted by the city. 

"/ftjd., 1811, Ch. 84. 



86 EDUCATIONAL LEGISLATION IN NEW YORK 

From the preceding account of legislation it becomes evident that 
'up to the time of the general school act of 1812 common school education 
in New York City was in the hands of private schools or of charity schools. 
These latter were specifically for the education of the poor who, however, 
were expected to pay a small tuition if they were able to. There were 
twelve schools connected with the various churches which have already 
been mentioned, a school for colored children, an orphan asylum with 
school attached, and two schools under the Free School Society .^^ There 
had been an abortive attempt to establish municipal schools in 1797. 
The reason for this failure undoubtedly lies in the fact that the private 
and church schools were too strongly intrenched to be displaced. These 
church schools and the African school had received equal amounts of 
the money collected from the city and received from the state under 
the law of 1795. The orphan asylum had received nothing up to this 
time. The Free School Society had received from the state $8,000 for 
erecting buildings and an annuity of $1,000 from 1807-1811, when 
it was increased by $500. No supervision was exercised over any of 
these schools by public officers, j 

The act of 1812 made no provision for New York. The next year 
a supplementary act was passed for this purpose.^^ By this supple- 
mentary act the city and county of New York was assigned a proportion- 
ate share, based on population, of the $50,000 to be distributed. The 
city government was authorized to raise an equal amount by a tax. 
Five commissioners were to be appointed who should "distribute and 
pay the monies so received from the cham-berlain, to the trustees of the 
Free School Society in New York City, the trustees or treasurer or the 
Orphan Asylum Society, the Society of the Economical School in the 
city of New York, the African Free School, and to such incorporated 
religious societies as now support or hereafter shall establish charity 
schools within the city, who may apply for the same. "^^ It was further 
provided that "such distribution shall be made to each school in pro- 
portion to the average number of children between the ages of four and 
fifteen years taught there in the year preceding such distribution free 

"This society opened a second school in 1811, Boese, p. 31. 

"Laws of N. Y., 1813, Ch. 52. 

" The Hamilton Free School in the 9th ward of the city, the Female Association, 
and the Roman Catholic Benevolent Society were added to the Ust of beneficiaries 
by the laws of 1818, Ch. 184, 1819 Ch. 168, and 1820, Ch. 127. The Hamilton Free 
School was incorporated in 1818; the Female Association dates from 1802 and main- 
tained schools for white girls (Boese, p. 23). In 1820 they enrolled 700 pupUs {Ibid., 
p. Zd>, N. 1). The R. C. Benevolent Society was for the care of orphans. 



EDUCATIONAL LEGISLATION IN NEW YORK 87 

of expense; provided, "that no money shall be distributed by the com- 
missioners aforesaid to the trustees of such free school, or of charity 
schools, as shall not have been kept for the term of at least nine months 
during the year preceding such distribution as aforesaid." It was 
further enacted "That the trustees or treasurers of the societies in the 
city that support charity schools therein, shall respectively, on or before 
the first day of May in each year, certify under their corporate seals, 
to the commissioners the whole number of children between the ages 
of four and fifteen who have been taught in their schools free of expense 
during the preceding year, specifying the number of regular scholars 
therein at the end of each quarter, and the time during which their 
schools shall have been kept for such preceding year, and after the 
first distribution of school money shall have been made, the trustees 
or treasurer aforesaid shall respectively certify in manner aforesaid 
the amount of money which they shall have received from the commis- 
sioners during the preceding year, and the manner in which the same 
shall have been expended, whereupon the commissioners aforesaid 
shall make report to the clerk of the city and county of New York, who 
shall transmit the same to the superintendent of the common schools 
in the manner directed by the 17 th section of the Act for the Estabhsh- 
ment of Common Schools. 

"That the sums of money which the respective trustees or treasurers 
shall from time to time receive from the commissioners shall be applied 
by them to the payment of the wages of the teachers, and to no other 
purpose whatever. 

"That the trustees or treasurers of the societies in the city as now 
or hereafter may support charity schools therein, shall be inspectors 
of the schools in their respective societies, and shall possess the hke pow- 
ers and perform the like duties relating to their respective schools as 
the inspectors of the schools are authorized and empowered to do in 
and by the sixth section of the act for estabHshment of common schools. " 

The chief points of differences between the provisions made for the 
city of New York and for the state at large were: 1. That schools estab- 
lished by religious or benevolent societies and under private control 
were to be the recipients of the public funds. 2. That the money was 
divided on the basis of the number of children taught free of expense 
instead of the whole number of children. 3. That a minimum term of 
nine months was fixed for the city schools whereas nothing was said 
about the length of term for other schools in the state. 4. That the range 
of age for the children to be included in the reports was 4r-15 instead 



88 EDUCATIONAL LEGISLATION IN NEW YORK 

of 5-15; 5. That there was no inspection except by the trustees. 6. That 
no pubhc officials had power to pass on the qu^Hfications of teachers. 
7. That no requirements were made as to subjects to be taught. It 
is evident that the people at large had no share in the management of 
the schools or the funds except in so far as they might be associated 
with the various organized bodies. y. 

The provisions of this act remained in force until 1824^ Before 
that time a controversy, only faintly reflected in the legi^tion, had 
arisen between the Free School Society and the Church Schools. It 
is necessary to know something of the grounds of this quarrel in order 
to understand the legislation which follows. In 1817^® the Free School 
Society obtained the passage of an act permitting them to apply any 
surplus funds after paying their teachers "to the instruction of school 
masters on the Lancastrian plan, to the erection of buildings for schools, 
and to all needful purposes of a common school education, and to no 
other purposes whatever." On their representation that "at Man- 
hattan Island, and two adjoining settlements, there is considerable 
population, embracing perhaps one thousand children, who are desti- 
tute of the means of education;" they were granted by the same act 
"out of the monies appropriated by the act, entitled 'An Act to Lay a 
Duty on Strong Liquors, and for Regulating Inns and Taverns," for the 
exclusive purpose of erecting a suitable building, according to the prayer 
of the said petitioners, the sum of $2,000. In 1819^^ the legislature grant- 
ed them $5,000 more. In this year the fourth school of the Society was 
opened.^^ The Bethel Baptist Church, moved to emulation, secured 
a like permission in 1822^^ to apply their funds to "the instruction of 
schoolmasters, to the erection of buildings, and to all other needful 
purposes of a common school education, but to no other purpose what- 
ever." Other churches prepared to follow suit. The Free School 
Society saw its funds and its attendance lessened by this development 
of Church schools and protested against the above mentioned privileges 
being granted. In the controversy which followed the Free School 
Society was accused of wishing to monopohze public funds while the 
churches were accused of using their schools as a means of proselyting 
and of getting an undue share of public funds by incorrect and misleading 
records of attendance. 

" Laws of N. Y., 1817, Ch. 145, Previous appropriations by the city are given, 
p. 85. 

^''Ihii., 1819, Ch. 65. 

^* Boese op. cit., p. 101. 

"Laws of N. Y., 1822, Ch. 24. 



EDUCATIONAL LEGISLATION IN NEW YORK 89 

The matter was brought before the legislature in 1824 by the Free 
School Society which hoped to secure the passage of an act restricting 
the funds given to the church schools. Instead of assuming the re- 
sponsibility of deciding the question the legislature passed on the re- 
sponsibility to the city council by instructing it to designate the schools 
which were to receive money. It was provided^° that "The institutions 
or schools which shall be entitled to receive the said school monies, 
shall from time to time, and once at least in three years, be designated 
by the corporation of the city of New York in common council convened, 
who shall also have power to prescribe the limitations and restrictions 
under which said monies shall be received by said institutions or schools, 
or any of them; and the ordinance of said corporation thus designating 
or restricting said institutions or schools, or any of them, shall be pub- 
lished in two or more of the public newspapers of said city; Provided, 
that no institution or school shall report to said commissioners any 
scholars but such as are proper objects of a gratuitous education." 
The proviso was evidently inspired by the charges of the Public School 
Society that the church schools had returned false or misleading lists 
of pupils. In 1825^^ an ordinance was unanimously adopted by the 
common council directing that the distribution be made to the Free 
School Society, the Mechanics' Society, the Orphan Asylum Society 
and to the trustees of the African School. 

The same act of 1824 provided that instead of five commissioners 
appointed for the year the council should once in every three years 
thereafter appoint ten^'^ of the inhabitants of said city, one from each ward 
of said city, to be commissioners of school money, and to hold their 
offices for three years. "Provided, That no person who, for the time being, 
shall be a trustee or officer of any society or charity school which shall 
receive of the said monies, shall be eligible to be appointed or allowed 
to act as a commissioner of school money in said city. " It was further 
enacted that "The commissioners of school money shall apportion and 
pay the amount deposited to their credit, to the several institutions 
or schools which shall be by the ordinance of said corporation entitled 
to a portion of the school monies, and which shall have on their part 
comphed with the requisitions of this act; and said apportionment 

'" Ihid., 1824, Ch. 276. 
^"^^ " Boese, op. cU., p. 106. Sixteen Church Schools were cut off from state support 
by this ordinance. The attendance at these schools in 1822 was 3077; at the four 
schools retained on the list 4462. Ibid., p. 102j^^,»,-»- 

-^This niunber was increased with the increase :n the number of wards; e.g., 
in 1826 (Ch. 117) it was increased to 12. 



90 EDUCATIONAL LEGISLATION IN NEW YORK 

shall be made to each school according to the average number of children 
between the ages of four and fifteen years that shall have actually at- 
tended said school during the preceding year, and been taught therein 
free of expense to the scholars: Provided, that no school shall be entitled 
to a portion of said monies, which has not been kept at least nine months 
during the year. That it shall be the duty of said commissioners of 
school money, or a major part of them, to visit and examine said in- 
stitutions or schools receiving said monies, twice at least in every year; 
and it shall be lawful for said commissioners to examine the books and 
registers, and to require such additional proof on oath or otherwise, 
as they in their discretion may deem proper, touching the subject matter 
of any report made by any society claiming a part of said monies, as 
to the number of scholars or the appropriation of monies before received, 
and generally as to any matters connected with the interests of the 
common school establishments in New York; and in case satisfactory 
proof shall not be produced by the first day of June in any year, the de- 
Hnquent society shall forfeit every claim to any portion of the school 
monies for that year, and the monies claimed by said society shall remain 
in the hands of the commissioners of school money, and shall form a 
part of the school monies to be distributed in the succeeding year; Provi- 
ded, that it shall be lawful for any society or school considering itself 
aggrieved by the discussion of the said commissioners to appeal therefrom 
to the acting superintendent of common schools and his decision thereon 
shall be final." 

The reports to be made by the trustees were to comprise "the average 
number of scholars between the ages of four and fifteen years, which 
shall have been taught free of expense to said scholars, in their school 
or schools, during the year preceding the first of May, (which number 
shall be ascertained by adding to the number of children on the register 
at the commencement of each quarter, the number admitted during 
that quarter, and the total shall be considered the average for that 
quarter;) also the average number that has actually attended said 
school or schools during the year, to be obtained by the teachers keeping 
an exact account of the number of scholars present each and every 
school time (or half day;) which numbers being added together and 
divided by the whole number of school times in the year, shall be con- 
sidered to give the average of attending scholars, and which average 
shall be sworn or afiirmed to by the teacher or teachers; said report 
shall also state the time during which said school or schools have been 
kept during the year, and particularly the amount last received from 



EDUCATIONAL LEGISLATION IN NEW YORK 91 

the commissioners of school money, and the purposes for, and manner 
in which the same shall have been expended; also a particular account 
of the state of the school or schools under their care, so as to exhibit 
a full and perfect statement of the property, funds, and affairs of said 
society or school." 

The method of finding "the average of attending scholars" is of im- 
portance because this was the basis of the distribution of money, and 
one of the chief complaints of the Free School Society against the church 
schools had been that when, in accordance with the law of 1813, the 
money was apportioned on the basis of the number taught, these schools 
had secured an undue proportion of money by returning long lists of 
pupils who had spent little time in the schools, larger numbers than 
the schools could possibly accommodate. The important features of 
this law of 1824 are that church schools were cut off from public support 
while the Free School Society maintained its claim to an almost ex- 
clusive use of the public school funds for nearly twenty years; and 
that the principle of city inspection was adopted. 

In 1826^^ an act was passed changing the name of the Society to 
the Public School Society, requiring a small fee from all pupils able to 
pay, increasing the number of trustees and reducing the amount necessary 
for membership in the corporation from $25 to $10. The text of the 
act so far as it relates to the payment of tuition is as follows: "That the 
said society shall hereafter be known by the name of the 'PubHc School 
Society of New York.' That it shall be the duty of said society to 
provide, so far as their means may extend, for the education of all chil- 
dren in the city of New York, not otherwise provided for, whether such 
children be or be not the proper objects of gratuitous education, and 
without regard to the rehgious sect or denomination to which such 
children or their parents may belong. That it shall be lawful for the 
trustees to require of the pupils received into the schools under their 
charge, a moderate compensation, adapted to the abiUty of the parents 
of such pupils, to be appUed to the erection of schoolhouses, the payment 
of the teachers' salaries, and to the defraying of such other expenses 
as may be incident to the education of children: Provided, That such 
payment or compensation may be remitted by the trustees in all cases 
in which they shall deem it proper to do so. And provided further, 
That no child shall be denied the benefits of the said institution, merely 
on the grounds of inability to pay for the same, but shall at all times 
be freely received, and educated by the said trustees. That nothing 

23 Laws of N. Y., 1826, Ch. 25. 



1 



92 EDUCATIONAL LEGISLATION IN NEW YORK 

in this act contained, shall be construed to deprive the said society of 
any revenues, or of any rights to which they are now, or if this act had 
not been passed, would have been by law entitled; and that the receipts 
of small payments from the scholars shall not preclude the trustees from 
drawing from the common school fund for all the children educated by 
them." 

The reason for these changes seems to have been not alone the peren- 
nial need of more money, but more than that, a desire to interest the 
whole public in the school and to enhst their co-operation. By decreasing 
the amount of money required for membership and by increasing the 
number of trustees the society hoped to gain more members and to give 
the people a larger representation in the management of the school. 
By charging tuition they hoped to temove the stigma of "charity school" 
and to secure the attendance of a large number of children who were 
habitually sent to private schools. Unfortunately for the society at- 
tendance fell off instead of increasing. In 1829^* the trustees were 
authorized to mortgage any of their property and in the same year the 
legislature empowered the city government to levy a tax of one-eightieth 
of one per cent on real and personal property in addition to the required 
tax to be applied exclusively to the purposes of common schools.^'^ This 
amount was increased in 1831 to three-eightieths of one per cent.^*^ An 
attempt to separate the school connected with the poor house from 
the jurisdiction of the Pubhc School Society was frustrated by the 
following act: "1. The commissioners of school money for the city of 
New York, are hereby authorized and directed to pay to the Public 
School Society of New York the sum of $2758.86 or such other sum 
as may have been retained by them in the payment or distribution of 
school moneys, on the ground that the school connected with the alms- 
house of the said city, and known as public school number six, was 
beyond the limits of the county of New York. 

2. The said alms-house school shall be entitled of its share of school 
moneys in any apportionment thereof hereafter to be made by the said 
commissioners. 

3. The trustees of the said Public School Society of the city of New 
York, are hereby authorized to take charge and superintend the manage- 
ment of the said alms-house school, as one of the public schools of the 
said city.""/-' 

•^^Ihid., 1829, Ch. 4. 
25 Ibid., Ch. 265. 

2«/&iJ., 1831, Ch. 119. 

''"'Ibid., 1835, Ch. 64. 



EDUCATIONAL LEGISLATION IN NEW YORK 93 

The opposition to the Free School Society, by no means crushed 
by the success of that School in 1824, gradually increased until by 1840 
there was again a vigorous attack upon it. The Roman Catholic element 
accused the schools of sectarian teaching, and then there was, moreover, 
a chorus of objections from various classes who felt that it was unfair 
to tax the people for a private corporation even though that corporation 
stood for the public good and membership was open to anyone who 
would pay a small fee. 

Memorials were sent to the legislature in 1840 and 1841 for altering 
the existing S3^stem of common schools in the city of New York. Gover- 
nor Seward recommended that the education of the city be placed in the 
hands of the people and a committee, appointed to consider this part 
of his message, made a similar recommendation following a searching 
criticism of the inefficiency of the Public School Society .^^ They quoted 
from the report of the superintendent that whereas 96/100 of the children 
in the state at large were in the public schools, only 60/100 of the children 
in New York City attended school, but that New York shared the 
state funds proportionately with the other counties on. the basis of pop- 
ulation and that besides this $60,000 was raised by the common council. 
After stating various arguments for and against the existing system 
the report continues, "The question is, whether the Public School 
Society has or has not failed to accomplish the great object of its estab- 
lishment, the universal education of the children of the city of New York. 
That it has signally failed has been shown by the statistics of the schools; 
and there is moreover, uncontrovertible proof in the fact that nearly 
one-half the citizens of the metropolis protest against the system and 
demand its modification. " 

In 1842^9 an act was passed ''to extend to the city and county of 
New York the provisions of the general act in relation to common 
schools." This was thirty years after the estabHshment of common 
schools in the state at large under the direct supervision of the people. 
By this act the management and organization of schools was put in 
the hands of the usual school officials, namely, inspectors, trustees and 
commissioners, who were to be elected by the people in each ward. The 
ward organizations were centralized by a board of education consisting 
of all the commissioners. Church schools, except that connected with 
the Roman Catholic Orphan Asylum, continued to be excluded from 
a share in the public funds but a considerable list of estabUshed schools 

28 Ass. Doc. 1842, V. 4, No. 60. 

29 Laws of N. Y., 1842, Ch. 150. 



94 EDUCATIONAL LEGISLATION IN NEW YORK 

were accepted and treated as district schools namely:^" "The schools 
of the Public School Society ,^^ the New York Orphan Asylum School, 
the Roman Cathohc Orphan Asylum School, the schools of the two 
Half Orphan Asylums, the school of the Mechanics' School Society, 
the Harlem School,^^ the Yorkville School, the Manhattanville Free 
School, the Hamilton Free School,^^ the Institution for the Bhnd, the 
school connected with the almshouse of the said city, and the school 
of the Association for the Benefit of Colored Orphans. " It was further 
provided that "no school above mentioned or which shall be organized 
under this act, in which any rehgious sectarian doctrine or tenet shall 
be taught, included, or practiced, shall receive any portion of the school 
moneys to be distributed by this act." 

The board of education was given supervisory power, control 
of the expenditure of money for building and sites, and the apportionment 
of state money among the districts. The commissioners individually 
were charged with the expenditure of the money assigned to their several 
districts. No exphcit statement of the duties of the trustees is made 
but presumably they were expected to fulfil the usual duties in re- 
lation to new schools estabhshed. As to the schools already estab- 
lished they were to be "subject to the general jurisdiction of the said 
commissioners of the respective wards in which any of the said schools 
now are or hereafter may be located, subject to the direction of the 
board of education, but under the immediate government and man- 
agement of their respective trustees, manager, and directors." One 
duty was charged upon all ofiicers, to see that no sectarian religious 
teaching was allowed. To this end it was enacted that "It shall be the 

5° The school of the Society for the Reformation of Juvenile DeUnquents and 
the school of the Mechanics' Institute were added to the list in 1847 (Chap. 252). 

'1 The Public School Society was forbidden to establish new schools without the 
consent of the Board of Education by the laws of 1848, Ch. 71. 

^^ The Harlem School, the Yorkville School and the Manhattanville Free School 
in the 12th Ward of the City were incorporated in 1827 as elementary schools. (Chs. 
132, 144 and 149). These schools were endowed respectively with $2,500, $2,000, 
and $4,000, the proceeds of the sale of common lands which had been granted by cer- 
tain patents in the year 1666 and set apart to Harlem when a dividing line was draw 
between that town and the then city of New York. These lands were authorized 
to be sold in 1820 (Ch. 115) and the proceeds distributed as follows: $3,000 to the 
Harlem Library, $3,500 to the Hamilton School; the above sums set apart until schools 
should be built in these districts; and the residue divided among the several rehgious 
congregations in proportion to the number of church members. 

'^ This school conveyed its real estate to the city and became a ward school in 
1850 (Ch. 101). 



EDUCATIONAL LEGISLATION IN NEW YORK 95 

duty of the trustees, inspectors, and commissioners of schools in each 
ward, and of the deputy superintendent of schools, from time to time, 
and as frequently as need be, to ascertain, and report to the said board 
of education, whether any religious sectarian doctrine or tenet shall have 
been taught, inculcated, or practised in any of the schools in their re- 
spective wards. " 

Besides the state apportionment and the equal sum to be raised 
by a tax as heretofore, the supervisors were authorized to levy taxes 
for "a, sum of money equal to one-twentieth of one per cent of the value 
of real and personal property in the said city liable to be assessed therein, 
to be apphed exclusively to the support of common schools in said city; 
and such further sum as may be necessary for the support and benefit 
of common schools in said city and county." This was an increase 
of one-eightieth of one per cent over the sum set by the last preceding 
law. Each district retained the usual power and obligation of raising 
money "to purchase, or lease schoolhouses or to procure sites." 

The provision for apportionment was that "It shall be made among 
the said several schools and districts, according to the average number 
of children over four and under sixteen years of age, who shall have 
actually attended such school the preceding year. But no such school 
shall be entitled to a portion of such moneys, that has not been kept 
open at least nine months in the year, or in which any religious sectarian 
doctrine or tenet shall have been taught, inculcated, or practised, or 
which shall refuse to permit the visits and examinations provided for 
by this act. " So far as relates to the distribution of the common school 
monies, each of the accepted schools was considered as a district school 
of the city. 

Free schools were insured by the provision that "all children between 
the ages of four and sixteen, residing in said city and county, shall be 
entitled to attend any of the common schools therein, and the parents, 
guardians, or other persons having the custody or care of such children, 
shall not be hable to any tax, assessment, or imposition for the tuition 
of any such children, other than is herein before provided." 

This act was amended^* the next year making some changes for the 
better working of the system such as that the term of office of the various 
ofl&cials should be so arranged that only one commissioner, one inspector 
and one trustee should go out of office each year; that the city chamber- 
lain should receive the money from the state; that the supervisor might 
raise by a loan, in anticipation of the taxes, the money to be forthcoming; 

3^ Laws of N. Y., 1843, Ch. 216. 



96 EDUCATIONAL LEGISLATION IN NEW YORK 

that the money should be deposited in one of the incorporated banks 
of the city; that money apportioned to schools and not called for be 
returned to the chamberlain. To the schools before mentioned "the 
school of the Leake & Watts Orphan House" was added. The board 
of education was directed to make the usual report to the county clerk 
under penalty of forfeiting money from tlie state. 

In 1844^^ anotlier act was passed which contained several new features. 
The previous clause restricting religious teaching was included with 
this proviso; "But notliing herein contained shall authorize the board 
of education to exclude the Holy Scriptures witliout note or comment, 
or any selections therefrom, from an}?- of the schools provided for by 
this act; but it shall not be competent for the said Board of Education 
to decide what version if any, of the Holy Scriptures without note or 
comment, or any selections therefrom, shall be used in any of the said 
schools; provided nothing herein contained shall be so construed as 
to violate the rights of conscience as secured by the constitution of this 
State and the United States." The duties of the officers and especially 
of the inspectors and trustees were more specifically stated. Inspectors 
were given power to certify teachers in regard to their moral character, 
learning and ability and to annul certificates when necessary. In- 
spectors and trustees were instructed to see that all schools in their ward 
were visited once a month and to report the results of their visits to the 
board of education. The duties of tlie trustees were: to have charge 
of tlie property in tlieir respective wards; to employ the teachers and 
to pay the wages and other school expenses; to make an annual report 
to the board of education recounting the length of the school year, the 
whole number of scholars between four and sixteen, the average atten- 
dance, the amount of money received and such other information as 
might be required. The board of supervisors took the place of the 
county superintendent with the usual duties of such office, namely 
general supervision, inspection and care of the schools and the granting 
of county certificates to teachers. The Public School Society, in 1853, 
surrendered all its property to the city. This action terminated the 
long struggle over the control of common school education in the city. 

In 1847 the board of education was authorized to establish free 
evening schools for apprentices unable to attend day schools and to 
levy a tax for not more than $6,000 for this purpose.^^ This bill was 

^Jbid., 1S44, Ch. 320. 
^^Ibld., 1847, Ch. 74. 



EDUCATIONAL LEGISLATION IN NEW YORK 97 

repealed and a substitute bill" more specific in details was passed in 
the following year by which it was provided that the board of education 
"organize and establish evening schools for the education and instruction 
of apprentices and others whose ages or vocations are such as prevent 
their attending the day schools in such of the ward school houses or 
other buildings now used for public school purposes and in such other 
places in said city, as they may from time to time deem expedient, 
and to adopt all the necessary rules and regulations for the control." 
These schools were free and under the supervision and control of the 
same officers as the regular day schools. 

The first move toward public secondary education in the city was 
taken in 1847^* when the board of education was authorized to establish 
a free academy "for the purpose of extending the benefits of education 
gratuitously to persons who have been pupils in the common schools 
of the city and county of New York. " It was provided that this school 
should be under the control of the board of education of the city but 
eligible to its proportional share of the money distributed by the regents 
to whom an annual report was to be made. The board of education 
was authorized to spend not more than 850,000 for a building and not 
more than $20,000 annually for the support of the school which money 
should be raised by taxation in the usual manner. This academy did 
not, as might have been expected, become the first of the public high 
schools but was transformed in 1866 into the College of the City of New 
York. 

Legislation for other Cities 

Legislation in the interest of other cities in the state may be divided 
into two classes; first, that which concerned the establishment and 
maintenance of elementary schools which were under private control 
yet were eligible for a share of the state funds; second, that legislation 
which attempted to counteract the most obvious evils of the district 
system by making it possible for several districts to unite in the support 
of one school or by centralizing the control of all the schools of a com- 
munity in the hands of a representative board. Legislation of the first 
type was enacted for the most part before 1819; that of the second, 
chiefly after 1830. There are obvious reasons for this division in time. 
The task of building an efiicient common school system was a slow one. 
As late as 1820 the school system was still in a formative state. In 
many places the people supported it none too cordially, the financial 

^■' Ibid., 1848, Ch. 128. 

"/W^., 1847, Ch. 206. 



98 EDUCATIONAL LEGISLATION IN NEW YORK 

backing was inadequate and the teachers were ill equipped. But after 
1814 each town was required by law to bear its share of taxation for 
the support of schools and, however lukewarm the sentiment toward 
pubUc control and support of education may have been, there was a 
natural desire on the part of each community to get back its money. 
The custom of establishing and maintaining schools by means of an 
incorporated body of interested citizens had already been made famihar 
by the founding of academies. The obvious course, then, for furthering 
elementary education in the more progressive towns was to make some 
use of estabhshed institutions or to adopt similar methods of founding 
elementary schools and at the same time to make them eligible to receive 
the community's share of the pubHc funds. No elementary school of 
such composite character seems to have been estabhshed after 1830. 
By that time more public money was available for school support and 
the school system had justified its existence. The period from 1820 
to 1850 has already been spoken of as a time of unusual city growth. 
It was during the latter half of this period in these cities that the centraliz- 
ation of power was brought about by the creation of boards of education 
and the appointment of city superintendents. 

By the school act of 1812^^ Albany's share of the pubHc funds was 
assigned to the recently organized Albany Lancaster School Society^" 
on condition that instruction be given gratuitously to all the poor who 
should apply. The law further directed that the smaller cities of Hudson 
and Schenectady be treated as towns, the city clerks being authorized 
to call a meeting for the election of school commissioners at the request 
of any six free-holders. In the revised act of 1814^^ there was an attempt 
to adapt the district system to the growing cities by providing that each 
ward of Hudson and Schenectady, instead of the city as a whole, be 
considered a town in the organization of the schools. Before 1819, 
several acts had been passed making special provision for several individ- 
dual cities or villages and the revised school act of this year specified*^ 
that nothing in the act should be interpreted to render such provisions 
invaUd. 

38 Laws of N. Y., 1812, Ch. 242, Sec. 18. 

" Incorporated Ibid., 1812, Ch. 55. Several Lancaster Schools were established 
in the State and were so called because they adopted the monitorial system of Lancaster 
& BeU much in vogue in the early 19th century. The other schools are mentioned 
later, v. also Chap. Ill, p. 51 and note 70. 

« Laws of N. Y., 1814, Ch. 192, Sec. 27. 
■ ^Ibid., 1819, Ch. 167, Sec. 37. 



EDUCATIONAL LEGISLATION IN NEW YORK 99 

^ In 1814^^ the trustees of Erasmus Hall which had been incorporated 
in 1787, were authorized to receive the share of the pubhc funds appro- 
priated to that part of Flatbush known as "Old Town" on condition 
that the money be applied to the gratuitous education of poor children. 
The trustees of Montgomery Academy in Orange Co., offered to provide 
suitable rooms for the common school provided they were made trustees 
of the district school. An act was accordingly passed,*^ subject to 
the consent of a majority of the taxable inhabitants, to the intent that 
the said trustees be invested with the powers and obhgations of district 
trustees for the said district and that they be required to account to 
the commissioners of schools for the proper appHcation of the pubHc 
money. The trustees of Farmer's Hall (Orange Co.) and of Oyster 
Bay academies, in like manner were made district trustees for a term 
of six years, subject to renewal for a similar term by a vote of a majority 
of the taxable inhabitants.^^ It is noteworthy that in each of these 
last three cases the concession was subject to ratification by the inhab- 
itants of the towns concerned. 

In the case of Montgomery Academy the evident intention was to 
provide separate rooms for the common school and for the academy, 
thus implying a difference of grading. In the other cases the academy 
apparently was identical with the common school, a commentary on 
the low standards of the academies which is borne out by other testimony. 
In the town of Flushing the monies apportioned to school district number 
five were granted to the managers of a free school, which was kept 
"principally for the gratuitous instruction of poor children," so long 
as no school should be established in the said district in conformity 
with the law for establishing common schools.'*^ The only condition 
of this grant was that the managers of the said association should certify 
annually that the money had been spent for the instruction of indigent 
children. 

Besides the Lancaster School Society at Albany, already mentioned, 
Lancaster or monitorial school societies were incorporated at Poughkeep- 
sie, Schenectady, Catskill, Hudson, and Lansingburgh, with power to 

*^ Ibid., 1814, Ch. 79. This arrangement continued for many years. In 1844 
(Ch. 234) it was made binding as long as there should be no district school in that 
locality distinct from the academy. 

**Ibid., 1815, Ch. 90. This act continued in force until 1835 when it was re- 
pealed (Ibid., 1835, Ch. 138). 

*^Ibid., 1822, Ch. 197 and 1823, Ch. 150. 

«/5/J., 1818, Ch. 128. 



100 EDUCATIONAL LEGISLATION IN NEW YORK 

establish one or more schools for the diffusion of elementary education.^'' 
They are to be distinguished from the academies which, in theory, 
always included in their curriculum instruction in Latin and Greek. 
The full control of these schools was in the hands of their trustees 
usually thirteen in number. At Schenectady and Lansingburgh the 
trustees were elected by the freeholders; at Hudson, three were appoint- 
ed by the common council and ten were elected by the corporation; 
at Albany, Catskill and Poughkeepsie, they were all elected by the 
corporation. Membership was in every case open to anyone who con- 
tributed as much as five dollars to the support of the school.*^ In 
Albany and Hudson the mayor, recorder, aldermen and assistants 
of the city were ex-officio members of the corporation thus assuring 
to the city at large some representation. 

Each of these schools was authorized by its charter to receive the 
share of school funds legally due that city, or section of a city, in which 
it was established. Except in the case of the Albany school, already 
cited, no specifications were made as to the way in which the money 
should be spent, but in every case a report was required to be made either 
to the school commissioners, the city council or the corporation, certify- 
ing that the funds had been properly expended. Besides a share of 
the stated school money some of these schools received special allowan- 
ces from their respective cities. The charter of the Albany Lancaster 
school authorized it to receive from the city $500 annually out of the 
excise duties on liquors. In 1820^^ the city was authorized by the 
legislature to sell by a lottery the pubhc lands in order to discharge 
the indebtedness incurred "in the erection of an academy ,^^' a- Lan- 
caster school and in various other pubhc improvements." 

The income derived from the duty on strong liquors and tavern 
Hcenses in the City of Hudson was devoted to the Lancaster School 
of that city.^^ In 1835^^ the common council of Hudson was required 
to raise $400 by tax on the freeholders and inhabitants of the "compact 

« Poughkeepsie, lUd., 1814, Ch. 42; Schenectady, /&i(^., 1816, Ch. 12; Catskill, 
Ihid., 1817, Ch. 81; Hudson, Ibid., 1817, Ch. 272; Lansingburgh, Ibid., 1827, Ch. 271. 

^8 The payment of from $15 to $50 not only accorded membership but conferred 
the privilege of keeping one child in school gratuitously during the Hfe of the donor. 

49 Laws of N. Y., 1820, Ch. 232. 

^^ This academy was incorporated by the regents in 1813. I have found no other 
indication of support given it by the city. 

" Laws of N. Y., 1812 Ch. 272. 

62/6z'd., 1835 Ch. 270. This act was repealed in 1841 (Ch. 350) and .he city 
Bchools reorganized under the state law. 



EDUCATIONAL LEGISLATION IN NEW YORK 101 

part of the city" which sum was to be paid to the trustees of said school. 
The treasurer of Renssalaer County was required to pay to the trustees 
of the Lansingburgh Monitorial School the money accruing from Hcenses 
to vendors of lottery tickets in that village.^^ 

In several instances, during the early years of the common school 
system, the public funds were designated by special act to be used 
only for the poor, a provision which indicates how slowly the sentiment 
in favor of a really democratic educational system developed. In 
Utica, for example, the public funds were used to establish a free school 
exclusively for poor children.^^ The public funds falling to Athens 
and Hudson were used, under an act of 1814, for the education of poor 
children but this section was repealed in 1817.** 

All these schools received some share of the public funds and further- 
ed the cause of elementary education, therein they resembled the dis- 
trict school estabhshed under the state law. They differed from them 
in that, though receiving pubhc support, they were not under public 
control, but under the control of a corporation which might or might 
not include ofi&cial representatives of the city or village government. 
The town had no power of inspection and the teachers, appointed by 
the trustees of the school, were not required to hold certificates. Most 
of these Lancaster schools were finally absorbed into the common school 
system.*^^/^ 

Besides these Lancaster schools five high schools" were estabhshed 
the exact character of which it is difficult to determine. Their charters 
and the data or lack of data in the regents' reports seem to indicate 

" Ibid., 1828, Ch. 158. This act was repealed in 1841 (Ch. 315) and the schools 
reorganized xuider the state law. 

^* Ibid., 1817, Ch. 192. This action may be exphcable on the ground that both 
Utica and Whitesboro, an adjoining village, had academies estabhshed in 1814 and 
1816 respectively where the children of the well-to-do were quite likely taken care of. 
But if this is the true explanation it casts an unfavorable light on the character of 
academies. It is of course possible that there were adequate private elementary 
schools of which we have no record. 

w Ibid., 1814, Ch. 194 and 1817, Ch. 322. 

'' Lansingburgh: Act of incorporation repealed in 1827 (Ch. 315). Property vested 
in Dist. No. 1 of the town. Catskill: Act of incorporation repealed in 1830 (Ch. 
284). Hudson: Support withdrawn 1841 (Ch. 350). Poughkeepsie : Made a district 
school in 1843. (Ch. 211). Albany: Made a part of the Common School system in 
1830 (Ch. 240). Schenectady: Treated as a part of the city system in Chap. 324 
of Laws of 1829. 

" Rochester High School 1827, Ch. 70; Warren Co. High School 1826, Ch. 226; 
Newburgh High School 1829, Ch. 234; Ontario High School 1830, Ch. 113; Clyde 



102 EDUCATIONAL LEGISLATION IN NEW YORK 

that they were elementary schools but that they were generally estab- 
lished with a view to serving a larger area than that ordinarily included 
in a single district. They differed from the schools just mentioned 
in that they were directly under the administration of the common 
school officers and were not controlled by a private corporation. 

The first legislative action in the interests of centralization of edu- 
cational administration was taken in behalf of the city of Troy in 1816.^^ 
In the articles of incorporation of the city it was provided that the first 
four wards of the city be made one school district not subject to altera- 
tion by the commissioners, that thirteen trustees be appointed an- 
nually "by the mayor, recorder, aldermen, and commonalty to manage 
the concerns of the schools, " and that the inhabitants of the said wards 
should not elect trustees under the act for the establishment of schools 
but that the duties of trustees and inspectors should be performed by 
the trustees appointed as aforesaid. It was further provided that one 
commissioner and three inspectors be elected in each ward. Why three 
inspectors should be elected if the trustees were to perform their duties 
is not apparent. The aldermen of the fifth and sixth wards were not 
entitled to vote on any questions relating to the said school and the 
inference is that if schools were established in these wards they con- 
tinued under the usual arrangements. 

Although this was the only act of consolidation passed during the 
early period, practically the same result was attained in the cities where 
Lancaster schools were established. In Schenectady the Lancaster 
school provided for the "compact part of the first and second wards," 
the remaining parts of these wards being formed into one district. ^^ 
Until 1841 there was only one district in the "compact part" of the city 
of Hudson and for this district the Hudson Lancaster Schools provided. 
In 1820 and 1826 provision was made for dividing the pubhc money 
between this school and those of the outlying districts.^'' Similarly a 
part of the village of CatskilF^ in which the Lancaster School was situated 

High School 1834, Ch. 175. The Rochester High School is called an Elementary 
School in its charter but it later became an academy (v. App. A, p. 184). There were 
other high schools established but they were private foundations in every way like 
the academies and are given under the list of academies Appendix A. They are as 
foUows: High School of New York, (App. A, p. 184), Livingson Co. H. S. (p. 185), 
Preble H. S. (p. 187), Gouveneur H. S. (p. 185), Palmyra H. S. (185). 

58 Laws of N. Y., 1816, Ch. 131, sections 40-47. 

^Uhid., 1817, Ch. 12, Sec. 2. 

'^UUd., 1820, Ch. 171 and 1826, Ch. 115. 

«i/WJ., 1817, Ch. 87. 



EDUCATIONAL LEGISLATION IN NEW YORK 103 

and the whole village of Poughkeepsie^^ were made permanent school 
districts not subject to division by the school commissioners. Subse- 
quently the legislature provided that the villages of Syracuse, Lockport 
and Cohoes be maintained in the same way as single school districts.^^ 

Betwen 1830 and 1850 nine cities, beside New York, and five villages 
secured the enactment of legislation which placed the administration 
of their respective schools partially or wholly in the hands of a board of 
education. The composition and powers of such boards varied widely 
not only in different towns but in a given town at different times. They 
were sometimes appointed and sometimes elected. They sometimes 
performed the duties of commissioners and inspectors, sometimes of 
trustees and inspectors, sometimes those of trustees only and again 
the duties of all three. In several cities the common council was ex- 
officio the board of comissioners and as such appointed the board of 
education. The tendency at the close of the period was toward an 
appointed board which should have full control of school m.anagement 
including the preparation of a budget upon which the common council 
passed judgment and in accordance with which the school tax was 
levied. In several cities after 1835 a superintendent was appointed 
who acted as agent for the commissioners and usually performed the 
duties of inspectors and part of those of trustees. This variety of pro- 
cedure is illustrated by the following acts relative to individual cities. 

An act relative to schools in the city of Albany was passed in 1830^^ 
which provided that one commissioner and one inspector be elected 
in each ward annually; that the commissioners so elected form a board 
which should appoint three trustess for each district, regulate the dis- 
tricts, and apportion the school money among the trustees of the Lan- 
caster school and the trustees of the several districts. The trustees 
so appointed were charged with the usual duties of district trustees. 
This law made use of the usual officials, and did not alter their powers 
but lessened the number of inspectors and made the office of trustee 
appointive instead of elective. In 1844^^ the ofl&ces of inspector, com- 
missioner and trustees were abolished and the control of the schools 
was put into the hands of a board of nine commissioners appointed by 
the mayor, the recorder and the regents of the University residing in 
the city. This board was charged with all the duties usually performed 

«2/6ii., 1814, Ch. 42. 

" Syracuse, Ibid., 1832, Ch. 203. Lockport, 1847, Ch. 51. Cohoes, 1850, Ch. 341 . 

«* Ibid., 1830, Ch. 240. 

«« Ibid., 1844, Ch. 128. 



104 EDUCATIONAL LEGISLATION IN NEW YORK 

by commissioners, inspectors and trustees. Each member held ofi&ce 
for three years, three new members being elected yearly. 

The city of Rochester tried several experiments of school organiza- 
tion. In 1834^® the common council was made a board of commissioners 
of common schools with power to perform the usual duties of that ofi&ce 
and also to appoint from five to twelve inspectors. The duties of trus- 
tees were transferred to this board in 1840.^^ The next year^^ this 
action was reversed and the district trustees restored. By this act 
two commissioners were to be elected annually in each ward, who were 
to form the board of education and appoint a city superintendent who 
apparently was to perform the duties of inspectors although this is not 
specifically stated. An amendment to this act,®^ provided that the 
board of commissioners perform the duties of town superintendent 
and the city superintendent, those of county superintendent. The 
ofi&ce of trustees was again abolished in 1845^° and the duties trans- 
ferred to the board of education. In 1848^^ the ofi&ce of city superin- 
tendent was declared elective. A revised act of 1850''^ reafi&rmed this 
organization leaving the control of schools in the hands of the board 
of education and the superintendent. 

Power was given to the city council of Brooklyn in 1835^^ to appoint 
three trustees for each district, and three inspectors and three commis- 
sioners for the whole city. In 1843^"* the common council was made 
a board of commissioners with power to appoint " two or more discreet 
and suitable persons" to represent each district, which ofi&cers, together 
with the mayor and deputy superintendent for King's county, should 
constitute a board with all the powers and duties of trustees. This 
board was empowered''^ to appoint a superintendent at a yearly salary 
of not more than $1,000. The duties of the superintendent were: To 
act as secretary to the board of education, to visit and superintend the 
schools, to examine teachers and to grant certificates good for one year 
only, and to make an annual report. The personnel of the board of 

M Ibid., 1834, Ch. 199. 
«' Ibid., 1840, Ch. 373. 
98 Ibid., 1841, Ch. 208. 
«9 Ibid., 1844, Ch. 145. 
■'"Ibid., 1845. Ch. 118. 
" Ibid., 1848, Ch. 174. 
«76wi., 1850, Ch. 262. 
" Ibid., 1835, Ch. 129. 
"Zft/d., 1843, Ch. 63. 
'» Ibid., 1848, Ch. 47. 



EDUCATIONAL LEGISLATION IN NEW YORK 105 

education was changed in 1849^" to three persons from each ward; in 
1850" to thirty-three persons resident in the city, one of whom, at least, 
should reside in each school district. 

The duties of commissioners of common schools were transferred 
to the common council of Buffalo in 1837^^ and the duties of inspectors 
and trustees to a superintendent to be appointed by the council. The 
ofhce of trustee was restored in 1838^^ only one being elected in each 
district and his power being restricted to calhng meetings, visiting the 
school and exempting indigent persons from paying rates. The making 
out of the rate bill and the responsibility of building and repairing school 
houses were vested in the council and the hiring of teachers in the super- 
intendent. This organization was reaffirmed in a revised act of 1843.^° 

In Hudson the common council appointed a board of ''three super- 
intendents, " each one to hold office for three years, the board to perform 
the duties of inspectors and trustees.^^ 

The schools of the city of Utica were under the direction of six men 
called the commissioners of common schools, two of whom were elected 
annually for a term of three years. They seem to have performed the 
duties of commissioners, inspectors and trustees.^^ In 1850 they were 
authorized to appoint a superintendent to perform such duties as they 
should require of him at such salary as they should determine. ^^ 

The common schools of Syracuse, in 1848^^, were put under the con- 
trol of a board of education, appointed by the common council, two 
members from each ward, each to hold office for two years. This 
board was required to determine the amount of money which should 
be raised annually, and to have "in all respects the superintendence, 
supervision and management of the common schools." The common 
council was required to levy the tax required and to pass such regulations 
as the board should consider necessary for the well being of the schools. 

The school board of the city of Troy, organized in 1849*^ and having 
similar powers as in Syracuse, was elective instead of appointive, one 
' Ibid., 1849, Ch. 47. 



" Ibid. 
78 Ibid. 
''Ibid. 
8» Ibid. 

81 Ibid. 

82 Ibid. 

83 Ibid. 
8* Ibid. 
8' Ibid. 



1850, Ch. 143. 

1837, Ch. 392. 

1838, Ch. 63. 
1843, Ch. 132. 

1841, Ch. 350. 

1842, Ch. 137. 
1850, Ch. 66. 

1848, Ch. 238. 

1849, Ch. 198. 



106 EDUCATIONAL LEGISLATION IN NEW YORK 

member being elected in the fifth, sixth, and eighth wards and two 
members in each of the other five wards. 

The members of the common council of the city of Auburn were 
made the commissioners of common schools in 1848.^^ Two years 
later by an act relative to the free schools of the city of Auburn, a 
board of education was created which was to consist of one commissioner 
from each ward of the city appointed by the common council; one 
trustee from each district elected by the inhabitants; the superintendent, 
appointed by the common council; and the mayor of the city. The super- 
intendent was required to perform all the duties of town superintendents 
except the regulation of school districts, and to act as clerk of the school 
board. ^^ The villages of Lockport, Flushing, Medina, Newtown and 
Cohoes, organized their schools in a similar manner. ^^ The board of 
education of Lockport consisted of one trustee from each primary dis- 
trict and five from the union school district. In the village of Medina, 
which comprised only one school district, the three trustees, elected 
according to the usual law, were organized as a board of education. 
In Cohoes two trustees from each district made up the school board. 
In Flushing and New Town the board of education consisted of five 
trustees who had the "superintendence, supervision and management of 
the common schools." 

In the legislation for cities may be seen some attempts to introduce 
the principle of grading; to bring about the use of uniform text books 
and to furnish them to poor children free of expense; and to regulate 
the school year. It was in the cities that separate schools were first 
established for colored children, and that evening schools were first 
opened. The expenses of the city schools were inevitably larger and 
considerable sums were appropriated beyond what was required by law. 

The first movement toward definite grading of pupils appeared in 
the legislation for Buffalo in 1838, when the common council, in its 
capacity as school commissioners, was authorized to divide the district 
schools of the city into "higher and lower departments and to prescribe 
regulations for the transfer of scholars from one department to the 
other. "^^ The same regulation was passed for Hudson three years 
later^" and for Medina in 1849^^ The board of education of Pough- 

^^Ihid., 1848, Ch. 106. 
8' Ihid., 1850, Ch. 349. 

88 Lockport, iUd., 1847, Ch. 51; Flushing, Ibid., 1848, Ch. 81;.Medina, 1849, Ch. 
286; Newtown, ibid., 1850, Ch. 60; Cohoes ibid., 1850, Ch. 34. 
89 Ibid., 1838, Ch. 63, Sec. 16. 
9» Ibid., 1841, Ch. 380, Sec. 1. 
" Ibid., 1849, Ch. 286, Sec. 12. 



EDUCATIONAL LEGISLATION IN NEW YORK 107 

keepsie was required to provide one school house of two rooms to 
accommodate 125 pupils each and five other rooms for primary schools.^- 
An act relative to schools in Lockport^^ provided for seven "primary" 
districts, the schools in which shall be used as preparatory schools for 
the instruction of pupils until they arrive at a certain age and attain 
a certain proficiency in learning, who shall then be transferred upon 
proper testimonials into the Union School," in which were to be taught 
only the higher branches of education. The board of education of 
Rochester was authorized in 1845 to establish one or more high schools 
and to make regulation for the admittance and attendance of pupils 
provided the action was first submitted to the people and approved by 
them.94 

The question of uniform text books which had been discussed by 
state superintendents^^ but on which no action had been taken for the 
state as a v/hole, was attacked by some cities. The board of education 
in Medina and Auburn were authorized^^ to "regulate" the textbooks; 
in Hudson and Albany, they were instructed^'' "to select and introduce 
uniform text books." Free text books were provided for poor children 
in Troy and Albany. ^^ 

The length of the school year in Albany was set at nine months in 
the center of the city and four in the outlying districts.^^ In Buffalo 
six months was the maximum. ^"^ Each term in Utica was eleven weeks 
but the number of terms is not specified.^"^ The state reports, however, 
indicate that at this time there was usually a winter and a summer term. 
The board of education of Rochester was instructed to see that the terms 
were of equal length in all the schools of the city that all children might 
enjoy equal educational advantages.^''^ 

^Ubid., 1843, Ch. 211. 

9' Ibid., 1847, Ch. 51. 

^^Ibid., 1845, Ch. 118, Sec. 9. The Rochester High School incorporated in 1827, 
became Rochester Collegiate Institute in 1839, see App. A, p. 184. 

'' V. for example, Ass. Doc. 1830. No. 431, in which the superintendent deplores 
the multiplicity of text books used but expresses his opinion that to designate vmiform 
text books would be injurious to the cause of education. 

M Medina, Laws of N. Y., 1849, Ch. 286; Auburn, ibid., 1850, Ch. 349. 

"Hudson, ibid., 1841, Ch. 350; Albany, ibid., 1844, Ch. 128. 

»8Troy ibid., 1848, Ch. 198; Albany ibid., 1844, Ch. 128. 
. "9 Ibid., 1830, Ch. 240. 

^'^Ubid., 1838, Ch. 63. 

•"i/fii^i., 1844, Ch. 131. 

>'«/i;i'J., 1844, Ch. i:8. 



108 EDUCATIONAL LEGISLATION IN NEW YORK 

Rochester was the first city to provide separate schools for colored 
children under the common school system although charity schools had 
been estabhshed for them earlier in New York^°^ Albany^"^ and Sche- 
nectady.^"^ The commissioners of Monroe county were authorized^"^ 
to cause the children of color in the village of Rochester to be taught 
in one or more separate schools which should receive their distributive 
share of the school money and of which the said commissioners should 
act as trustees. Similar acts were passed relative to nine other cities 
before 1850.^''^ A society for the promotion of the education of colored 
children was incorporated in New York City in 1847^°^ with power to 
establish schools which should be subject to the board of education 
and which should participate proportionately in the school funds. 

The first act for establishing evening schools was passed in 1829^"' 
and provided that the trustees for two districts in Kinderhook, Columbia 
county, should provide evening schools for the children who worked 
in the cotton factories in these districts and that they should apply to 
the payment of the teachers, a share of the pubHc money proportionate 
to the number of children working in the factories. A similar act was 
passed for the benefit of Ballston and Milton in Saratoga county in 
1848.^^° This bill stated that the school should not continue longer 
than two terms of thirteen weeks each and that the sum levied on the 
parents, over and above the public money should not exceed fifty cents 
per term for each child. The evening schools established in New York 
in 1847 have been referred to. The Brooklyn board of education was 
authorized to estabhsh such evening schools as should from time to 
time be deemed necessary and that no person should be excluded from 
them on account of age."^ 

The growing cities found the required town tax, namely an amount 
equal to that apportioned by the state, inadequate to their needs. Most 

"'Under the Society for the Manumission of Slaves, Incor. 1808, Ch. 19. See 
Chap. V, p. 83. 

'»*Laws of N. Y., 1816, Ch. 87. 

"5 Ihid., 1829, Ch. 182. 

iM Ibid., 1832, Ch. 136 also in acts of 1841, Ch. 208 and 1844, Ch. 145. 

"'Newburgh 1835, Ch. 144; Hudson 1839, Ch. 63; Buffalo 1839, Ch. 24; 
Poughkeepsie, 1843, Ch. 215; Brooklyn 1845, Ch. 306; Lockport 1847, Ch. 51; Flush- 
ing 1848, Ch. 81; Newtown 1850, Ch. 60; Auburn 1850, Ch. 349. 

"8/6i(i., 1847, Ch. 425. 

"5 Ibid., 1829, Ch. 284. 

"» IbU., 1848, Ch. 228. 

"1 Ibid., 1849, Ch. 47, Title VIII, Sec. 4. 



EDUCATIONAL LEGISLATION IN NEW YORK 109 

of the cities were authorized to raise from two to six times that amount."^ 
In 1835^^^ the common council of Brooklyn was authorized to raise not 
more than $800 per district in excess of the required amount. In 1843 
this was changed to not more than one-fourth of one mill on each dollar 
of taxable property^^^ and was gradually increased up to two-thirds of 
one mill in 1848."^ In 1850 the stipulation was made that the city 
raise not less than $1.25 or more than $1.75 for each child between five 
and sixteen years of age.^^^ Utica was authorized to raise not more 
than $3,000 yearly for sites, buildings, fuel and contingent expenses.^^^ 

An increasing amount of money was also spent on buildings. For 
an ordinary district school building $400 seems to have been considered 
sufficient.^^^ For a city school $5,000 came to be a normal expenditure. 
Hudson^^^ and Medina^^" were allowed to borrow $5,000 each from the 
school fund for building purposes the same to be repaid by taxation. 
Rochester was allowed to raise $3,000 for repairs and $3,500 for buildings 
annually .121 The school act of Troy^^ stated that not more than $5,000 
should be spent annually for purchasing sites and for building and re- 
pairing schoolhouses. 

The movement for free schools began almost at the close of this 
period. The first city to make the schools free to all children was 
Buffalo. The following statement was incorporated in an amendment 
to the city charter in 1839.^^^ "All the district schools organized 
within the city of Buffalo, shall be public and free to all children re- 
siding within said district, under the age of sixteen years; and the com- 

"^ Hudson was permitted to raise three times the state apportionment {Ibid., 
1841, Ch. 350); Buffalo and Troy not less than twice or more than four times the 
amount (Ibid., 1838, Ch. 63 and 1849, Ch. 198); Utica, not more than twice the sum 
{Ibid., 1850, Ch. 66); Poughkeepsie not more than four times {Ibid., 1843, Ch. 211); 
Rochester not more than six times the apportionment plus $300 for contingent ex- 
penses {Ibid., 1841, Ch. 208). 

''^Ibid., 1835, Ch. 129. 

''*Ibid., 1843, Ch. 63. 

"6 Ibid., 1848, Ch. 190 v. also Ibid., 1844, Ch. 329. 3/8 of a mill and 1845 Ch. 
306 1/2 of a mill. 

»« Ibid., 1850, Ch. 143. v. also Ibid, 1849, Ch. 47 $1-$1.50. 

'"Ibid., 1842 ,Ch.l37. 

'^Ubid., 1819, Ch. 161. 

''^Ibid., 1841, Ch. 350. 

"o/iiJ., 1849, Ch. 286. 

i=> Ibid., 1850, Ch. 262. 

122 Ibid., 1849, Ch. 198. 

123 Ibid., 1839, Ch. 24. This was reaffirmed in 1843, Ch. 157. 



110 EDUCATIONAL LEGISLATIONS IN NEW YORK 

mon council of said city are hereby authorized to assess, levy and collect 
a tax upon the real and personal property of said city, sufficient to pay 
the expenses of such schools, after the public money which may be 
appropriated shall have been expended, and the schooUiouses are built 
and furnished by the several districts." Separate schools, also free, 
were established for colored children. Provision for free schools in 
the City of New York was made in 1842, for Poughkeepsie in 1843, 
or Troy in 1849 and for Auburn, Cohoes and Rochester in 1850^^*. Acts 
relative to Bushwick, Lansingburgh, Flushing and Newtown were also 
passed in the titles of which the term "free school" was used.^^^ The 
acts state only that the money to be raised in the district shall 
be used "for the purchase of furniture, apparatus, books and con- 
tingent expenses;" no mention is made of teachers' salaries, nor is 
there an explicit statement, as in other acts referred to, that the schools 
are free to all children of the district. 

The reports of the Superintendent for 1847 and 1849, however, 
show that the movement for free schools was wider than these acts 
indicate. In 1847^^*' he states that "In New York, Brooklyn, Rochester, 
and Buffalo schools are free and charges for their support and for the 
erection and repairing of schoolhouses exceeding the annual appropri- 
ation are met by a tax on real and personal property." In 1849^^^ 
the following communities are Hsted as having established free Schools: 
New York, Buffalo, Brooklyn, Syracuse, Rochester, Lansingburgh, 
Williamsburgh, Poughkeepsie, Flushing, Newtown, Bushwick. The 
Superintendent further states that these towns comprise one-fifth the 
entire population of the state. A review of the legislation for cities makes 
it clear that the district system as adopted in the state law was not 
adequate to large communities and also that the cities worked out 
their problems individually without much reference to a unified state 
system. In the variations which appear in the duties of the board of 
education and the superintendent may be seen the same lack of definite- 
ness which we observe today in the relations of these officials to each 
other and to the state. ^^^ 

12^ New York, Ihid., 1842, Ch. 150 v. ante, p. 95; Poughkeepsie /Ji^^., 1843, Ch. 211; 
Troy Ihid., 1849, Ch. 198; Auburn Ihid., 1850, Ch. 349; Cohoes lUd., 1850, Ch. 341; 
Rochester Ihid., 1850, Ch. 32. 

»26 Bushwick Ibid., 1847, Ch. 311; Lansingburg Ihid., 1847, Ch. 336; Flushing 
Ibid., 1848, Ch. 81; Newtown Ihid., 1848, Ch. 137. 

i=«Rept. of Supt. 1847, p. 14. 

i"Rept. of Supt. 1849, p. 44 (Ass. Doc. No, 20). 

'28 See pamphlet. New Hampshire State Department, Head-Masters' Manual, 
for an attempt to define clearly the status of the various school oflScials and their 
relation to the state department. 



CHAPTER VI 

Support or Education 
Origin and Growth of School Funds 

The State of New York established two funds for the encouragement 
of education; the common school fund, the object of which the title 
conveys, and the literature fund appropriated for the exclusive use of 
academies under the control of the regents. The United States deposit 
fund, which became available in 1836, was used for common schools, 
academies and colleges according to legislative appropriations. In 
addition to these funds which were under the control of the state, ther^ 
were many town funds devoted to the support of common schoolsy/ 

Both the common school and the literature funds as well as most of 
the town funds had their origin in the sale of unappropriated lands set 
apart by the state for this purpose. That the appropriation of state 
land for educational purposes was not unknown in England, that It 
occurred in the various colonies though especially characteristic of New 
England, and that the same policy was followed both by state and nation- 
al governments after the Revolution has been clearly established.^ This 
procedure on the part of New York was in accord, therefore, with an 
already well recognized principle although, as a colony, New York had 
apparently made no such grants.^ 

The basis of distribution of these funds and the requirements which 
had to be met to secure a share of the money are so inextricably inter- 
woven with the development of the school system that they will be 
discussed in that connection; the origin and the growth of the funds, 
however, can best be treated in a separate section. 

Common School Fund 
During the legislative session of 1801 a law was passed "For the 
encouragement of literature"^ whereby it was enacted that "for the 

' Schafer. The Origin of the System of Land Grants for Education. In Bull, of 
U. of Wis. Hist. Series Vol. 1, No. 1. 

' Neither Clews, (Educational Legislation in the Colonies) nor Schafer give any 
evidence of such grants being made by New York before the Revolutionary war. 

'Laws of New York, 1801, Ch. 126. 



112 EDUCATIONAL LEGISLATION IN NEW YORK 

promotion of literature within this state there shall be raised by four 
successive lotteries $100,000, or $25,000 by each lottery. ... and that 
. . . the managers . . . after the drawing of each lottery shall pay 
out of the net amount or avails thereof the sum of $12,500 to the regents 
of the university for the purpose of being distributed by them among 
such and so many of the academies as are now or hereafter may be select- 
ed in the state in such proportions and to be appropriated in such manner 
as they shall judge most beneficial for the academies and most advan- 
tageous to literature, and the residue into the treasury of this state, 
and this money shall be applied in such manner for the encouragement 
of common schools as the legislature may from time to time direct." 
In 1803* the comptroller was authorized to invest sums received for 
use of schools^ and also the proceeds of lotteries received under the above 
act "for the encouragement of Hterature. " A committee of the senate 
reported in 1810® that because of the defalcation of the managers of the 
lotteries only $37,500 was received from this source for the use of common 
schools. This money was invested according to the directions of the 
legislature. This was the beginning of the common school fund although 
the first act which avowedly contemplated a permanent fund was not 
passed until 1805. 

Governor Lewis, who had already urged the demands of education 
upon the attention of the legislature, in his annual message at the second 
meeting of the session sent a special message'^ to that body relative to 
estabhshing and distributing "an adequate, permanent, and certain 
fund" for educational purposes. He advocated using 1,500,000 of 
acres of unappropriated lands which the state still possessed reckoning 
that they should yield $11,000,000 which would give an annual income 
of $60,000. His plan was that this money be spent for common schools 
and colleges. A joint committee was appointed to consider this message 
and report a bill. The bill as reported and passed dealt much less 
generously with the school fund than the governor had suggested, 
appropriated the whole amount to common schools, and left the matter 

* Ihid., 1803, Ch. 103. 

5 1 have been unable to find out what money this refers to. The only previous 
provision for raising money for common schools was made in connection with the 
common school act of 1795. Since not all of the counties called for their share of the 
money then appropriated, it is possible that these words have reference to that un- 
expended balance. 

6 Senate Journ. 33rd Sess., 1810, p. 113, v. Chap, ii, p. 29 and note 39. 

"> Governor's Message 1805, Feb. 4. 



EDUCATIONAL LEGISLATION IN NEW YORK 113 

of distribution to later action of the legislature.^ It was enacted that 
" the net proceeds from 500,000 acres of the vacant . . . lands . . . which 
shall be first sold by the surveyor-general after the passing of this act 
shall be appropriated as a permanent fund for the support of common 
schools." The comptroller was authorized to loan to persons or cor- 
porations for literary purposes both principal and interest at five per 
cent until the whole interest should amount to $50,000, after which 
the interest annually arising should be distributed and apphed for the 
support of common schools in such manner as the legislature should 
direct. 

The fund thus estabUshed was increased from time to time. In 
1807^ provision was made that the interest arising from the stock held 
by the state in the Merchant's Bank of New York City, and the interest 
from the above mentioned lotteries, be invested in the capital stock 
of the said bank and that the stock thus acquired and the resulting divi- 
dends be appropriated for the use and encouragement of common schools. 

In 1810 Governor Tompkins^'' called the attention of the legislature 
to the importance of deciding whether the school fund, which was said 
to yield $25,000 annually, should be augmented and how it should be 
apphed. A committee of the assembly appointed to investigate the 
fund, after referring to the sources of the fund as provided in the acts 
of 1801 and 1805, reported^^ that the comptroller had loaned altogether 
$114,600 of which only $70,752 had been returned and that interest 
was due to the amount of $4,000. They referred to loose methods in 
the comptroller's office and recommended more stringent measures 
for the care of the fund. The recommendations of the committee were 
embodied in an act^^ "to render the fund for the support of schools 
more productive, " whereby some new provisions were made for invest- 
ments and for the collection of arrears. By a separate act^^ certain 
surplus monies arising from the fees and perquisites to the clerks of 
the supreme court were appropriated to the fund. 

8 Laws of N. Y., 1805, Ch. 66. 

Ubid., 1807, Ch. 32. 

" Governor's Message Jan. 1810. 

"Assembly Journal 1810, p. 244. "The money received from the sale of the 
500,000 acres of school lands was recklessly loaned to individuals and corporations 
who failed and as a consequence the school fund lost $61,641." Sower's Financial 
History of New York, p. 40. 

i^Laws of New York, 1810, Ch. 159. 

"7Wd., 1810, Ch. 196. 



114 EDUCATIONAL LEGISLATION IN NEW YORK 

The following statement from the comptroller's report of 1812^* 
shows the state of the fund at that time. 
Bonds and mortgages for part of the consideration money of lands sold 

by the Surveyor-General $240,370.67 

3000 shares of the capital stock of the Merchant's Bank 150,000.00 

300 shares of the capital stock of the Hudson Bank 15,000.00 

Mortgages for loans 101,924.52 

Bond for Horatio G. Spafford and sureties for a loan 3,000.00 

Bond for the Mechanic's Bank in the city of New York , 10,000.00 

Arrears of interest due on the bonds and mortgages of the fund 35,831.13 

Balance in the Treasury on the 31st of December, belonging to this fund.. 2,338.37 

$558,464.69 
The revenue of the School Fund for this year is estimated at $45,216.95 
arising from the following sources: 

Annual interest on bonds and mortgages $21,766 .95 

Dividends on bank stock 14,850.00 

Probable collections from persons refusing to do military duty 1,600.00 

Proceeds of the Clerk's Office of the Supreme Court 7,000.00 

$45,216.95 
"It further appears, by the same report, that of the 500,000 acres of 
land which are directed by law, to be sold for benefit of the school fund, 
the Surveyor-General has already sold 198,507.666 acres leaving 
301,492.344 acres j^et to be appropriated to that purpose." 

Half the proceeds from a sale of unappropriated land in Otsego 
county, known as Crumhorn Mt., was assigned to the fund in 1816^^ 
but owing to the conflict between this law and one passed in 1819^^ 
relative to a change in the investment of the fund, an act of 1824'^'' 
directed that the proceeds be divided between the hterature fund, the 
general fund and the common school fund. In 1819 one-half of all 
quit rents and commutation for future quit rents which should be received 
into the treasury was added.^^ The constitution of 1821^^ embodied 

" Quoted in the report of the commissioners appointed to report a bill for the 
estabUshment of common schools. Assembly Journal 1812 pp. 102-107. 

" Laws of New York, 1816, Ch. 90. This act repealed two previous acts relative 
to this same land, namely; ch. 187 of the Laws of 1813 and ch. 83 of the Laws of 1814. 
The amount of land to be sold was successively increased. The first act appropriated 
the whole amount to the use of academies. 

^UUd., 1819, Ch. 222. 

" Ihid., 1824 Ch. 313. The money which accrued to the literature fund from this 
source is stated as $10,416 (Hough, Historical Record, p. 86). I have found no record 
of the amount which accrued to the common school fund. 

18 Ihid., 1819, Ch. 222. There was approximately $339,000 still due in 1820 from 
this source. The act cited allowed 40% discount on rents of lands the arrears of which 



EDUCATIONAL LEGISLATION IN NEW YORK 115 

the following section appropriating to the common school fund the pro- 
ceeds from sales of land and making the fund perpetual. "The proceeds 
of all lands belonging to this state, except such parts thereof as may be 
reserved or appropriated to pubhc use, or ceded to the United States, 
which shall hereafter be sold or disposed of, together with the fund 
denominated the Common School Fund, shall be and remain a perpetual 
fund; the interest of which shall be inviolably appropriated and appHed 
to the support of common schools throughout this state." In 1824,^0 
forty thousand dollars, originally appropriated to the erection of a fever 
hospital in New York, was directed to be transferred to the school fund 
and in 1827^^ the fund was further increased by $100,000 worth of bank 
stock. In 1838^- an act for the distribution of the income of the United 
States deposit fund provided for the distribution of $208,000 of its 
income to various purposes, and directed that the residue of the income 
not otherwise appropriated be annually added to the capital of the 
common school fund. In 1845^^ eighty-four thousand three hundred 
and fifty-eight dollars and fifteen cents, which had been appropriated 
to the state by an act of Congress, entitled "An act to appropriate the 
proceeds of the sales of the pubhc lands and to grant preemption rights, " 
passed Sept. 4, 1841, and the interest on this sum, was appropriated 
to the use and benefit of the common school fund but with the reservation 
that the said moneys were received only on deposit, and hable to be 
refunded to the treasury of the United States, whenever Congress 
should direct by law. The constitution of 1846^ besides restating the 
inviolability of the common school fund provided that "the sum of 
twenty-five thousand dollars of the revenues of the United States 
deposit fund shall each year be appropriated to and made a part of the 
capital of the said common school fund." This provision is still in 
force. By 1820 the fund amounted to one million dollars and above 

were paid to 1814. This would leave approximately $200,000 toward the common 
school fund. (Sowers op. cit., p. 38). But Hough (p. 86) says "In 1819 the arrears of 
quit rents amounting to $53,380 were equally divided between the common school 
and the literature fund." 

" Constitution of the State of New York, 1821, Art. 7, Sec. 10. 

2" Laws of N. Y., 1824, Ch. 333. No record of this transfer has been foimd. 

" IbU., 1827, Ch. 228. 

^Ibid., 1838, Ch. 237. v. p. 120 for origin of U.S. Deposit Fund. 

« Ibid., 1845, Ch. 184. 

^ Constitution of 1846, Art. 9, Sec. 1. 



116 EDUCATIONAL LEGISLATION IN NEW YORK 

» 

80,000 acres of landf^ by 1839 it had increased to nearly two million 
dollars^^ and by 1850^'^ to almost two millions and a half. 

The interest on the common school fund reached the amount required 
before distribution, namely $50,000, in 1812 in which year the first law 
for the establishment of common schools provided for the amount to 
be distributed as follows :^^ "No distribution of the interest of the school 
funds shall take place amongst the common schools of this state, until 
it shall arise to fifty thousand dollars a year: and it shall not be lawful 
for the superintendent to distribute any more than fifty thousand dol- 
lars a year until he shall find he will be able to distribute sixty thousand 
and the sum of sixty thousand until the interest shall arise to seventy 
thousand, and so on as often as the interest shall increase ten thousand 
dollars, it shall be lawful for the superintendent to add to the sum last 
distributed ten thousand dollars more." The revised act of 1814^^ 
made the same provision. In the revised school law of 1819^° the amount 
for distribution was set at $70,000. At the same session it was enacted^^ 
that there should be distributed, "in the year 1820 and annually there- 
after, for the support and encouragement of common schools, within 
this state, in the manner, at the time, and under the conditions, that 
may be prescribed by law, the sum of eighty thousand dollars, until 
the revenues arising from said funds shall amount to ninety thousand 
dollars a year; and thereafter the sum of ninety thousand dollars shall 
be distributed annually, until the said revenues shall amount to one 
hundred thousand dollars a year; and thereafter one hundred thousand 
dollars shall be annually distributed, until there may be a further increase 
of ten thousand dollars; and then and so often as there may be such fur- 
ther increase of ten thousand dollars, the same shall be added to the sum 
previously distributed. " But even $80,000 appears to have been more 
than the fund produced for in 1820^^ the legislature provided that the 
whole amount contemplated by the previous act should be paid pro- 
vided the deficit did not exceed $13,500 and a similar law was enacted 
for four successive years,^^ the deficits to be respectively not more than 

^ Governor's Message, Jan. 1819. 
■^^Ihid., Jan. 1839. 
^Uhid., Jan. 1850. 

28 Laws of New York, 1812, Ch. 242. 

29 Ihid., 1814, Ch. 192, Sec. 3. 
ao/tid., 1819, Ch. 161, Sec. 5. 
^^Ihid., 1819, Ch. 212. 

32 Ihid., 1820, Ch. 33. 

^Uhid., 1821, Ch. 73; 1822, Ch. 61: 189^ Ch. 56; 1824, Ch. 250 



EDUCATIONAL LEGISLATION IN NEW YORK 117 

$7,000, $10,000, $8,000 and $9,000. The following enactment of 1826^4 
shows that the deficit continued: "Whereas the sum of $80,000 was paid 
out of the treasury during the year one thousand eight hundred and twen- 
ty-five, for the benefit of the common schools, although only the sum 
of seventy-seven thousand three hundred sixty-nine dollars and seventy- 
four cents was received into the treasury the preceding year, from the 
revenue of the common fund: Be it enacted etc., that the said payment 
be, . . . sanctioned." The same act provided that "whenever any 
deficiency shall exist in the common school fund to satisfy an appropria- 
tion it shall be lawful to supply such deficiencies out of the general 
funds. " Notwithstanding this deficiency the same legislature provided^^ 
for the distribution "from and after the present year," of $100,000 
annually. The appropriation of $100,000 remained unchanged in the 
Revised Statutes of 1827, 1836 and 1846.3" But from 1840 to 1850, 
$120,000 was appropriated annually. 

After 1838^^ the amount available for the support of common schools 
was increased by a share in the interest on the United States Deposit 
Fund from which $110,000 was to be distributed annually for the support 
of the schools and $55,000 for district libraries for three years and after 
that for a library or the payment of teachers' wages in the discretion 
of inhabitants of the districts. 
^^^'^jThat the common school fund was not intended to defray the whole 
expense of the common school system is evident from the report of the 
commissioners who brought in the school bill of 1812. They said 
plainly that it was intended merely to arouse public attention and 
"bring instruction within the means of the humblest citizen." It is 
evident from data in the reports of the state superintendent that through- 
out this period the money distributed amounted to less than one-half 
of the wages paid to teachers and that all the running expenses of the 
schools aside from wages were borne by the people. The income from 
the fund was not always sufiicient even to meet the amount appropriated 
for the support of schools. In that case the deficit was made up from 
the general fund.^^ ^'• 

3" Ibid., 1826, Ch. 305. 

35 Ihid., 1826, Ch. 298. 

3« Revised Statues Part 1, Chap. 9, Title 4. 

" Laws of New York, 1838, Ch. 237. 

38 A statement of the amounts paid annually from the state treasury to com- 
mon schools may be found in Ass. Doc. 1850, No. 50, p. 35. The amounts 
range from $48,376 in 1815 to $285,028 65 in 1850. 



118 EDUCATIONAL LEGISLATION IN NEW YORK 

Literature Fund 

The literature fund had its inception in early legislative acts which 
directed the reservation of certain lots of land "for the promotion 
of Kterature." By the act of 1786^^ which gave general directions 
for the survey and sale of unappropriated lands it was enacted 
that "in every township so laid out . . . the suveyor-general shall 
mark one lot on the map 'gospel and schools' and one other lot 'for 
promoting Hterature' which lots shaU be as nearly central in every 
township as may be and the lots so marked shall not be sold but the 
lot marked 'gospel and schools' shall be reserved for and applied to 
promoting the gospel and a public school or schools in such township 
and the lot marked 'for promoting literature' shall be reserved to the 
people of this state to be hereafter applied by the legislature for promo- 
ting hterature in this state. " Under this act ten townships on the St. 
Lawrence were surveyed and the required reservations made.^"^ When 
the Mihtary Tract was surveyed in 1789 it was ordered"^^ that each 
town should comprise 60,000 acres and be divided into 100 lots of which 
one should be reserved for "gospel and schools" and another for "liter- 
ature." In 1796 these lots had not been designated and the Surveyor- 
General was instructed^ to designate them at the next meeting of the 
Commissioners of the Land Office. Subsequent legislation relative 
to these lots makes it evident that the directions were executed. 

Several appropriations of money were made "for the promotion of 
literature" before 1800 but these were either special grants to the two 
colleges of the state, Columbia and Union, or else were made for the ben- 
efit of academies to which the money was immediately distributed.^^ 
The first actual accumulation of money toward a permanent fund 
dates from the $100,000 lottery^ instituted in 1801 for the benefit 

39 Laws of 1786, Ch. 67 (May 5). It may be noted that the Land Ordinance of 
May 20, 1785, passed by the Continental Congress provided that Lot No. 16 in each 
township be reserved for the maintenance of public schools. Journals of the Amer- 
ican Congress, 1774-1788, Vol. iv, p. 520-521. 

*° Hough, p. 80 and 85, Note 3, says that of these literature lots one was given to 
each St. Lawrence and Lowville Academies. The remainder were sold, and of the 
proceeds $4500 was given to different academies and the rest turned over to the litera- 
ture fund. 

"Laws of New York, 1789, Ch. 44, Mar. 13. 

^"^Ibid., 1796, Ch. 69 April 11, Hough {op. cit.) p. 84 gives a list of the twenty- 
eight towns In which such lots were specified and the use to which each was finally 
appropriated, namely 10 to Union College, 8 to academies and 12 to the literature fund. 

^' See list of grants for the support of academies Appendix B . 

"Laws of N. Y., 1801, Ch. 126. See also Common School Fund, p. 112. 



EDUCATIONAL LEGISLATION IN NEW YORK 119 

of common schools and academies which were to share equally in the 
proceeds. No detailed account has been found as to the disposition 
of the money thus raised for academies but the regents in 1808 reported*^ 
that they had distributed "to the academies $1500 being the interest 
on such part of their funds as have hitherto been loaned. In their 
report for the year 1812^'' the regents recommended that the literature 
fund be increased by the sale of lands previously set apart for the promo- 
tion of literature. Following this recommendation an act was passed or- 
dering the commissioners of the land office to "cause all the land here- 
tofore appropriated for the promotion of literature in this state and 
situated in the Military Tract, or in either of the counties of Chenango 
or Broome, and now remaining unsold or undisposed of to be surveyed 
and sold in the manner directed in and by the act entitled 'An act for 
the sale of the unappropriated lands, and for the other purposes,' and 

est the proceeds in such manner as they may deem best calculated 
to secure the principal sum, and the regular payment of the interest 
thereon annually.""*^ Three lots were excepted and appropriated to 
special academies. A further increase in the fund was made^^ by the 
sale of unappropriated lands belonging to the state in Otsego County, 
"lying on what is commonly known as Crumhorn Mountain." One 
half the money accruing was alloted to the common school fund, the 
other half to "such academy or academies as the Regents of the Uni- 
versity shall direct." In response to a concurrent resolution of the 
two houses in 1819 asking for information about the literature fund 
the regents reported'*^ that their funds amounted to $74,850.09 the 
revenue from which was $5,288.74; and that two thousand four hun- 
dred and seventy-three acres in the Crumhorn Mountain tract and 
two thousand two hundred and eighty-six acres in the Military Tract 
still remained unsold. Another source of increase was opened in this 
year^*^ by the appropriation to the fund of one-half of all quit rents and 
commutation for future quit rents which should be received into the 
treasury. Canal stock to the amount of $150,000 from the general 

^ Rept. of Regents in Assembly Journal 1808, p. 399. 

«7&iJ., 1813, p. 495. 

« Laws of N. Y., 1813, Ch. 198 Hough {op. cit., p. 86 N. 3) says that $29,735 was 
realized from these lots in 1818 and 2286 acres still remained imsold. 

'^^Ihid., 1816, Ch. 90. This amounted to $10,416 (Hough Hist. Rec. p. 86). 

"Rept. of Regents in Assem. Journal 1819, p. 863. 

6" Laws of N. Y., 1819, Ch. 222. The other half was apportioned to the common 
school fund q.v. above p. 114. 



120 EDUCATIONAL LEGISLATION IN NEW YORK 

fund, was added in 1827.^^ In 1832^^ the literature fund amounted to 
$69,312.58. Of this, $4,825 was held in trust for the Delaware (or 
Delhi) Academy. No further additions were made to the fund. The 
amount of money distributed from the income of this fund varied from 
$5,000 to $12,000.53 

The Hterature fund, until 1832, was under the control of the regents 
for investment as well as disbursement. In that year they were direc- 
ted^^ "to transfer all the stock, money, securities and property belonging 
to the Hterature fund in their possession or under their control, to the 
comptroller who should invest in public stock or loans as the regents 
should deem most advantageous. "^^ 

United States Deposit Fund 
By act of Congress June 23, 1836 the surplus revenue of the United 
States was distributed among the various states for deposit, the money 
to be returned to the general government when required.^^ New York's 
share was about $5,000,000 and was accepted on the terms and condi- 
tions specified by the said act. This amount was appropriated among 
' the several counties of the state according to population and provisions 
were made for loaning the fund by commissioners appointed in each 
county .^^ Governor Marcy in his message of 1837^^ assuming that the 
income would amount to about $300,000 recommended that $110,000 
be applied to common schools; that a liberal portion be appropriated 
for the academies and for improving the literature fund especially 
with a view to rendering these schools "more efficient as seminaries 
for educating common school teachers," and that the remainder be 
added to the capital of the common school fund. No definite action 
having been taken at the session he recapitulated his plan in his message 
of the following year,^^ suggesting, however, in deference to "some 
diversity of opinion in relation to confirming the application of it ex- 

" Ibid., 1827, Ch. 222. 

62 Rept. of Regents 1832. 

"v. pp. 139-141. 

"76i^., 1832, Ch. 8. 

«' The net income of this fund since 1906 has been transferred to the General 
Fund for educational purposes. Sowers op. cit., p. 267. 

" Bourne E. G. History of the Surplus Revenue. 

" Laws of N. Y., 1837, Ch. 150. This act was amended by 1844, Ch. 15 and 1845, 
Ch. 267. The amendments related to the sale of mortgaged property and the re- 
loaning of money. 

" Governor's Message 1837. 

"J6jrf., 1838. 



EDUCATIONAL LEGISLATION IN NEW YORK 121 

clusively to the objects before enumerated," that colleges "especially 
such ... as have not participated at all or but slightly in the bounty 
of the state" also share in the distribution. He further recommended 
that a share be used for establishing district libraries in connection with 
the common schools. These recommendations were embodied in an 
act passed during the following session^'' by which the income of the 
fund was directed to be spent for "the purpose of education and the 
diffusion of knowledge. " By this act the following annual appropriation 
was made for the support of common schools: $110,000 for the support 
of common schools; $55,000 for district libraries for three years and 
after that for libraries or teachers' wages at the discretion of the 
inhabitants of the district; $28,000 for the academies. Some special 
grants were made and the surplus assigned to the capital of the 
common school fund.^"^ 

Town Funds 

The common schools of New York benefited not alone by the state 
funds but by funds created by individual towns. So far as we know 
of these from legislative records most of them dated from the appropria- 
tion of gospel and school lots when state lands were being laid out be- 
tween the years 1780 and 1800. Of the others, some originated in the 
appropriation of poor funds to school purposes; some in the sale of 
common lands; and others in private bequests. The legislation relative 
to these funds is voluminous and seems quite out of proportion to their 
importance. It is probably true, however, that though the individual 
funds were comparatively small they did much to stimulate local interest 
in education at a time when just such individual impetus was needed. 

The reservation of "gospel and school" lots by the acts of 1876 and 
1789, which resulted in such lots being designated in the Military Tract 
and in ten townships of the St. Lawrence has already been noted.®^ 
In the directions for the survey of the twenty townships in Oneida 
county literature lots were ignored and the law provided^^ only "that 
in every township so laid out — the surveyor-general shall mark one 
lot 'gospel' and one other lot 'schools' which lots marked 'gospel' 

«°Laws of New York, 1838, Ch. 237. 

^^ "The net revenue from this fimd is now transferred to the General Fund to 
be used for educational purposes with the exception of $25,000 which the constitution 
requires shall go to increase the capital of the Common School Fxmd. The revenue 
for 1912 was $179,624" Sowers. Financial History of New York, p. 275. 

'*v. Literature Fund p. 118. 

" Laws of New York, 1789, Ch. 32 Feb. 25. 



122 EDUCATIONAL LEGISLATION IN NEW YORK 

shall be reserved for the support of the gospel and the lots marked 
'schools' shall be reserved for the use of schools in such townships." 
These lots were to be 500 chains square. The naming of the gospel 
and school lots for the twenty townships was long delayed. "An act 
for the relief of the inhabitants residing on the twenty townships in the 
county of Chenango"®^ relates that whereas "by the act of the legislature 
passed Feb. 25, 1789 the surveyor-general was directed to cause twenty 
townships to be . . . laid out west of the Unadilla and Chenanago rivers 
. . . and to mark one 'gospel 'and the other 'schools, 'which lots . . . were 
by the act expressly appropriated for supporting the gospel and schools 
of the said townships; (and) . . . by subsequent law . . . the Commission- 
ers of the Land Ofhce was authorized ... to sell . . . the unappropriated 
lands belonging to the state ... in pursuance whereof (they) pro- 
ceeded to sell the aforesaid townships including the gospel and school 
lots. ... It is now enacted that the Surveyor-General . . . out of any 
of the unapportioned lands ... in the western district cause 40 lots con- 
taining 250 acres each to be surveyed . . . and the lots so surveyed to be 
appropriated for the support of gospel and schools within the twenty 
townships." The territory to be thus drawn upon was limited in 1808^^ 
to the tract of land then lately purchased of the Oneida Indians south of 
and adjoining Oneida Lake or such lots in the Mihtary Tract as then be- 
longed to the state. So far as information can be gleaned from legisla- 
tive acts all the towns which benefited from gospel and school lots were in 
the counties of St. Lawrence, Clinton, Chenango, Madison, Broome 
and Tioga and those counties included in the Military Tract, namely 
Cayuga, Seneca, Onondaga, Wayne, Cortland, Oswego and Tompkins. 

The regular legal methods of supervising these lands was by a com- 
mission made up of the town supervisor and two commissioners who 
were appointed by the inhabitants of town meeting; or by three trustees 
elected by the people; or, after 1845, by the town superintendent of 
common schools. 

The lots in the Mihtary Tract, which was at this time all included in 
the county of Onondaga were designated in 1796. In 1798^'' steps were 
taken to render their proceeds available. The law provided that " the 
supervisors of each of the towns in the county of Onondaga ... in 
conjunction with such commissioners, not exceeding three in number, 
as the free holders and inhabitants of any of the said towns shall at 

^^Ihid., 1805, Ch. 136. 

^Ibid., 1808, Ch. 237. 

^'Ihid., 1798, Ch. 48. 



EDUCATIONAL LEGISLATION IN NEW YORK 123 

their annual town meeting respectively appoint, shall be . . . empow- 
ered to . . . take possession of the lots of land situate in the several 
towns . . . which were designated for gospel and school lots by virtue 
of the act . . . passed the 11th of April, 1796. And thereupon the 
supervisors and commissioners, of any of the said towns in which such 
lots of land may be situated, shall lease the same upon such terms and 
for such periods of time as they may deem proper, not exceeding ten 
years :^'' provided, nevertheless, that whenever the freeholders and in- 
habitants of any of the towns shall in legal town meeting, instruct the 
supervisors . . . the leases of the same lands shall be made conformably 
to such instructions subject to the limitations of time as aforesaid." 
The commissioners were also given power to bring suits for trespass. 
An act of 1808''^ extended the provisions of this act to all townships of 
the state where there were lots of land reserved for gospel or schools. 
Nineteen towns in Cortland, Seneca, Cayuga, Onondaga and Broome 
counties were authorized, in 1813,®^ to elect annually as other town officers 
were elected three trustees who should constitute a body corporate, 
able to "sue and be sued in any court of law or equity for any matter 
or cause relating to the aforesaid lands, or the proceeds thereof," "and 
whose duty it should be to take charge of the said lands belonging to 
such town, and receive and appropriate the rents, issues and profits, 
or the proceeds arising from the sale thereof." These trustees were 
given "full power and authority to demise or grant, bargain, sell and 
convey, the said lands upon the best terms or for the best price which 
can be had therefore, in such a manner as the said trustees shall deem 
most beneficial to their respective towns," except that it was provided 
"that it shall not be lawful for the said trustees or their successors, to 
sell the said lands on a shorter credit than twenty years. " The trustees 
were directed to "loan the monies arising from such sales at lawful in- 
terest, to be secured bonds and mortgages on lands of double the value 
of the sums loaned, and clear of all incumbrances. " They were required 
to make annual report to the town meeting. 

" The 10 year limit for leases was changed to 21 years by Chap. 135 of the Laws 
of 1807. 

«8Laws of New York, 1808, Ch. 218. 

'^^ Ibid., 1813, Ch. 100. The restrictive clause regarding time of payment was 
removed by an amendment in 1826 (Ch. 30). Additional regulations as to loans were 
also made and the trustees were required to give a bond to the town supervisor for 
the faithful discharge of their duty. To the towns originally named was added 
Cicero in 1819 (Chap. 164). 



124 EDUCATIONAL LEGISLATION IN NEW YORK 

It does not appear whether these towns had had the commissioners 
and found them unsatisfactory or whether this was their first attempt 
at organizing supervision for such lots. The trustees, it will be observed, 
were given power to sell and convey school lots which was not accorded 
the commissioners. Doubtless there were also advantages in having 
the men who handled a fund of this sort incorporated and therefore a 
permanent body though the personnel might change with the annual 
elections. 

Madrid, in St. Lawrence County, was authorized in 1821 to elect 
trustees to take charge of the gospel and school lot.''" In 1823^^ the legis- 
lature enacted that "whenever it shall be thought by the commissioners 
of public lands, in any town of the county of St. Lawrence, except De- 
Kalb, for the interest of such town to change the manner in which the 
gospel and school of such town is now managed, ... it shall be lawful 
for (them) ... to signify the same to the freeholders and inhabitants 
of such town, at any annual meeting and it shall thereupon be lawful 
... to elect three trustees, being inhabitants and freeholders of such 
town, who, . . . shall be a body corporate. " Twelve acts were passed 
between 1819 and 1828 authorizing other towns outside of St. Lawrence 
county and the Military Tract to elect trustees for the same purpose. 

The powers and duties of trustees were passed on to the town super- 
intendent in Onondaga County by the following act:^^ "The town 
superintendent of common schools in the several towns of the county 
of Onondaga are hereby constituted trustees of the gospel and school 
fund moneys of their respective towns . . . under the same regulations 
as are now provided by law for the safe keeping of the same." The 
next year the legislature enacted''^ that "The office of trustees of the 
gospel and school lots in the several towns in this state is hereby abolished; 
and the powers and duties now by law conferred and imposed upon said 
trustees, shall hereafter be exercised by the town superintendent of 
common schools." 

Aside from these regularly constituted arrangements various other 
plans were followed in individual towns. In one instance,^^ the com- 
missioners of common schools assumed the charge of the gospel and school 
lot and their acts were ratified by the legislature. A special arrangement 

^^Ibid., 1821, Ch. 190. 

" Ibid., 1823, Ch. 76. 

'2 Ibid., 1845, Ch. 288. 

" Ibid., 1846, Ch. 186. 

''* Geneva, Cayuga County. Ibid., 1812, Ch. 14. 



EDUCATIONAL LEGISLATION IN NEW YORK 125 

for the twenty townships in Chenango county was made''^ whereby an 
agent in each town, elected by the inhabitants, was made responsible 
for leasing the land or bringing suits for trespass. Through the neglect 
of the towns in Clinton county to appoint the regular commissioners 
timber was cut from the school lots whereupon the town supervisors 
and assessors in the several towns were made legally responsible^^ until 
commissioners should be choosen. The town of Oxford was authorized^'' 
to appoint "one or more persons" to receive the rents accruing from such 
land, 

^^The state pursued a variable poHcy with regard to the use of funds 
arising from these lands originally intended for gospel and schools. 
Sometimes directions were given that the funds be divided between 
the various churches and the schools; sometimes, the question was left 
to the inhabitants and freeholders to decide; again, and with increasing 
frequency, the money was assigned to the use of common schools either 
to be distributed as state funds or according to the vote of the inhabitants. 
Rarely, the income was turned over to the churchesy' The first definite 
statement as to the use of the avails of the "gospel and schools lot" 
was made when these lots were designated in the Military Tract as fol- 
lows: "The monies arising from leasing of the said lots shall be applied 
to the use of schools or support of the gospel in the original townships 
as surveyed and no other purpose which said application shall be made 
for schools or gospel or both, and in such way and manner as the inhab- 
itants of the towns, in which the lands lie, shall in legal town meeting, 
from time to time, direct order and appoint. "^^ This option on the 
part of the people was abolished by an amendment in 1808''^ which 
provided that "the monies arising from the annual . . . profits of 
the gospel lots ... be equally divided . . . between the several 
religious societies legally organized in such township and that . . . 
profits of the . . . school lots shall be distributed among the schools 
kept in each . . . township by teachers to be approved by the super- 
visor and commissioners in proportion to the aggregate number of days 
which the scholars in each respective school shall have . . . attended 
such schools in the year immediately preceding such division." But 

''^ Ibid., 1814, Ch. 112. Such agents were not originally given power to sell 
land but certain sales were confirmed by Ch. 224 of Laws of 1819. 

■'^Ibid., 1810 Ch. 5. 

■'''Ibid., 1818, Ch. 157. 

" Ibid., 1798, Ch. 48. 

^Ubid., 1808, Ch. 218. 



126 EDUCATIONAL LEGISLATION IN NEW YORK 

the act of 1813^° which provided for the election of trustees in certain 
towns of this same district enacted "that the rents, issues and profits 
of the aforesaid lands, and the annual interest of the monies arising 
from the sale thereof, shall be appHed by the said trustees for the time 
being, to the support of the "gospel and schools" in their several towns 
in such manner as the freeholders and inhabitants of the town respec- 
tively, at their annual town meeting shall order and direct, or as the 
legislature shall prescribe by law. " The trustees of the town of Hector, 
originally included in the above act were directed in 1818^^ to pay the 
whole avails of the gospel and school lot to the commissioners of common 
schools. The requirement was added that "the said commissioners 
of common schools shall pay over the same to the several school trustees 
of the several school districts in the same manner and proportions and 
under the same regulations, as other money which shall or may come 
into their hands from the school funds of this state, who are hereby 
directed ... to apply the same to the payment of wages of teachers. " 
Acts were passed relative to several other towns directing that the 
funds be thus devoted to common schools, namely Hannibal in Oswego 
county^^, Geneva in Cayuga^^, Greene and Coventry in Chenango^^. 
Oswego in Broome county was allowed^^ to use its funds for "any such 
school or literary purpose" as the inhabitants should direct. In the 
town of Bainbridge, Chenango county, on the other hand the gospel 
and school lot was leased without legal authority by the " Congregational 
Society of St. Ceciha." They obtained a confirmation of their acts 
from the legislature^" on condition that in the future the commissioners 
of common schools collect the rents and apply them, "One-half for the 
support of common schools and the other for the support of the preaching 
of the gospel in the said town of Bainbridge. " The avails of the gospel 
and school lot in the town of Chenango, Broome county, were appropria- 
ted^'^ to the benefit of "the three organized and incorporated religious 
societies in the village of Binghampton in said town to wit: The Epis- 
copal, Methodist and Presbyterian churches, "to each church an equal 
share. " 

^UUd., 1813, Ch. 100. 

^Uhid., 1818, Ch. 176. 

^Uhid., 1821, Ch. 190. 

^Ubid., 1822, Ch. 14. 

^Ibid., 1825, Ch. 7 and 41. 

85 Ibid., 1826, Ch. 162. 

8«/&R, 1819, Ch. 85. 

"/&j(i., 1829, Ch. 112. 



EDUCATIONAL LEGISLATION IN NEW YORK 127 

In St. Lawrence county the money was at first under the same regu- 
lations as in Onondaga county; that is, disposed at the will of the inhab- 
itants.^^ A ruUng^^ in behalf of the town of Madrid caused the money 
in that town to be divided equally between the common schools and 
the legally formed religious bodies. This provision was then made'" 
to include all the towns except DeKalb if the inhabitants should so 
rule. Eleven towns of this county (St. Lawrence) were granted per- 
mission in 1825^^ "at their annual town meetings respectively, by a 
majority of the votes of the persons assembled at any such meeting 
and authorized to vote for town officers, to pass a resolution directing 
that the whole of the income arising to any such town, either from the 
rents or sale of the gospel and school lot therein, or any part thereof, 
shall be appropriated to the use of the common schools of the said town, 
instead of being appropriated as is now directed by law." The money 
was to be used for teachers' wages. Another act^^ in the interests of 
the same county reverted, it appears, to the original order enacting 
that "It shall and may be lawful for the inhabitants in any of the towns 
in the county of St. Lawrence, having gospel and school lots therein, 
to apply the rents and profits of such lots, and the interest of the money 
arising from the sale thereof, to the support of the gospel and schools, 
or either, and in such way and manner as the freeholders and inhabitants 
of the towns in which the said lands are situate, shall in their annual town- 
meeting from time to time direct, order or appoint." The money 
thus voted to schools was directed^^ to be distributed in the same way 
as the state funds: the money for the gospel to be distributed "to the 
different Christian orders or so many of them as reside in any such town, 
in the ratio of resident members in full communion with any regularly 
organized church." The money which had accrued in the town of 
Guilford from the gospel and school lots up to 1834 was directed to be 
divided equally among the legally incorporated religious societies; the 
rents in the future, to be appropriated to common schools as the inhab- 
itants should direct.'^ 

8« Ibid., 1816, Ch. 202. 

^Ubid., 1821, Ch. 190. 

^Ubid., 1823, Ch. 76. 

" Ibid., 1825, Ch. 294. 

^ Ibid., 1830, Ch. 65. , ^ 

83 Ibid., 1830, Ch. 65. 

^*IUd., 1834, Ch. 100. 



128 EDUCATIONAL LEGISLATION IN NEW YORK 

In 1791,^^ before any law was passed for the support of common 
schools, the inhabitants of Clermont, Columbia county, petitioned the 
legislature for permission to apply the funds arising from excise and 
fines which remained in the hands of the overseers of the poor, and were 
not needed for the support of the poor, for securing a site, building a 
schoolhouse and maintaining a school master. No other such use of 
funds appears until the year 1829^^ when it was made lawful "For the 
inhabitants of any town in such counties as have abolished the distinction 
between county and town paupers, and in such counties as may here- 
after abolish such distinction, to appropriate all or any part of the monies 
and funds remaining in the hands of the overseers of the poor of such 
town, to such objects, and for such purposes, as shall be determined on 
at such meeting. " And it was further enacted that: "If any such meet- 
ing shall appropriate such money or funds for the benefit of common 
schools in their towns, the money so appropriated shall be denominated 
'The common school fund of such town, ' and shall be under the care and 
superintendence of the commissioners of common schools of said town, 
. . . The annual interest (of the said fund) shall be applied to the 
support of the common schools in such towns, unless the inhabitants 
of such town, in annual town-meeting, shall make a different disposition 
of the whole of the principal and interest, or any part thereof, for the 
benefit of the common schools of such town . . . (and shall be) . . . 
applied to the support of common schools of such town, in like manner 
as the public money for the support of common schools shall be distribu- 
ted by law." It does not appear whether such funds were often used 
for common schools. 

Seven acts were passed in the years 1829, 1830 and 1831, relative 
to the use of the poor funds in individual towns. ^^ The overseers of 
the poor in the town of Saranac were required to pay over all monies 
in their hands to the commissioners of common schools the whole sum 
to be distributed to the several school districts. In Pierpont, St. Law- 
rence county, such funds were to be invested and only the interest 
distributed. Fort Edward was required to pay $150 to the commis- 
sioners of highways and the residue to the commissioners of common 
schools. One thousand dollars of the poor funds of DeKalb were 

^'Ibid., 1791, Ch. 41. 

5« lUd., 1829, Ch. 287. 

" Saranac Ihid., 1829, Ch. 23; Pierpont Ibid., 1829, Ch. 299; Fort Edward Ibid., 
1829, Ch. 177; DeKalb, Ibid., 1830, Ch. 44.; Russell, Ibid., 1831, Ch. 297.; McDonough 
Ibid., 1831, Ch. 125; Cameron, Ibid., 1831, Ch. 159. 



EDUCATIONAL LEGISLATION IN NEW YORK 129 

turned over to the trustees of the gospel and school lot, the interest 
on this amount to be distributed in the usual way. The overseers of 
the poor of the town of Russell were required to continue to handle 
the poor fund, paying over the interest annually to the commissioners 
of common schools. The annual interest on $600 was, in the same way, 
appropriated to the use of schools in the town of McDonough, St. Law- 
rence Co. The overseers of the poor in Cameron, Steuben county, 
were directed to pay fifty dollars to the school commissioners and " from 
time to time herafter (to) pay over to the commissioners of common 
schools of said town, so much of the poor funds in their hands, as shall 
be directed by the inhabitants of said town, or a town-meeting in said 
town. 

The town of Stephen town was incorporated in 1799^^ better to take 
care of a fund which had been given it, the interest of which was appro- 
priated for the encouragement of schools, the inhabitants having author- 
ity to make rules "for the more equal distribution of the income of all 
such corporate property among the schools within the bounds of cor- 
poration; and also foe well ordering and regulating the schools in such 
manner as will best promote the education of children." Lewiston 
started a fund in 1810 setting apart certain lots of land for this purpose.^^ 
The monies arising from these lands were handled by the state treasurer 
until 1826 when commissioners of the Lewiston School Fund were ap- 
pointed with full powers to dispose of such land and to demand all 
money then in the state treasury belonging to such fund.^"" In 1822 
it yielded $212.74.^"^ The town of Jerico, Chenango Co. was authorized^^^ 
to elect annually officials to be known as the "trustees of the common 
school fund in the town of Jerico" who should have power to dispose of 
the literature lot in that town and to invest the money. It was enacted 
that " the interest produced . . . shall forever hereafter be appropriated 
for the support and benefit of common schools in the said town . . . 
and (be distributed) at least once every year among the several school 
districts in said town according to the whole number of days which 
all scholars in the said several districts . . . may have attended school. " 
It was further required that the teachers make an annual report of the 

«Ubid., 1799, Ch. 46. 

fl9/6wi., 1810, Ch. 96. 

"" Ibid., 1826, Ch. 205. Other acts relating to this fund were passed in 1817, 
Ch. 250 and 1818, Ch. 43. 

"1 Governor's Message, 1822. 
»«2Laws of N. Y., 1811, Ch, 49. 



130 EDUCATIONAL LEGISLATION IN NEW YORK 

names of all scholars sent and the number of days each scholar attended 
school. It was made legal for the inhabitants of Oyster Bay^°^ to lease 
their "common lands, beaches and marshes" the income to be appro- 
priated one-half to the support of the poor and one-half to common 
schools to be distributed in the same manner as state funds. The 
town of Rye was allowed^"* to lease all unclaimed and unoccupied lands 
and use the income for the support of schools. A lot of two hundred 
and forty acres was set apart^*^^ in Edmestown to be sold for the benefit 
of common schools, the income to be handled by the common school 
commissioners and appropriated in the usual way. The election of trus- 
tees for this fund was authorized in 1828.^°^ A certain Adin Deming 
bequeathed funds for the use of district No. 4 in Edmestown and district 
No. 6 in Pittsfield the interest on which was to be applied to teachers' 
wages. These funds were put in the control of the trustees of the com- 
mon school fund of Edmestown and of the town superintendent of 
Pittsfield.^"^ The legislature appointed three trustees of the Lewis 
school fund, who were authorized "to receive, hold and manage the 
stocks and all and other personal or real estate which John Lewis may 
transfer, convey, or assign for the benefit of the town of Lewisboro . . . 
the interest accruing therefrom to be paid semi-annually to the trus- 
tees of the several school districts and separate neighborhoods of said 
town, in the same manner, and under the same regulations and restric- 
tions as is required of the commissioners of the common schools in the 
distribution of the coromon school moneys." 

Some difficulties arose over town funds when towns were divided. 
Many of the acts which record the dividing of towns include a phrase 
saying that the school lot shall be divided also. Sometimes it became 
necessary for a town to ask the intervention of the legislature for power 
to bring suit to secure this seemingly just demand.^"^ Occasionally, 
laws give evidence of difficulties in keeping the school lands intact. A 
certain WiUiam Cooper sold land both in St. Lawrence and in Chenango 
counties which really belonged to the school lot. After his death, settle- 
ment had to be made between his grantees and the state.^"^ The com- 
missioners of the land office were authorized to compromise with 

^'^HUd., 1822, Ch. 70. 

^^Ibid., 1821, Ch. 41 and 1826, Ch. 118. 

^^Ihid., 1825, Ch. 153. 

"sj&jj., 1828, Ch. 44. 

^"■'Ihid., 1848, Ch. 94. 

"8/&j(f., 1818, Ch. 229; 1822, Ch. 59; 1821, Ch. 91 et al. 

^^nbid., 1816, Ch. 202 and 1828, Ch. 244. 



EDUCATIONAL LEGISLATION IN NEW YORK 131 

all proprietors holding parts of the gospel and school lots in St. Lawrence 
county because of former erroneous surveys.^^" 

Comparatively few towns benefited by local school funds and the 
total amount received was small. The local funds in 1829 produced 
$13,133.91; in 1835, $18,538.56. Seventy-five towns in 1829 received 
money from such funds, all but one, Oyster Bay, being those in which 
gospel and school lots had been set apart.^'^ In 1835^^^ one hundred and 
eighty-nine towns received money from such sources. The superin- 
tendent's report for this year specifies that thirty-two of these towns 
received money from the overseers of the poor; seventy-six, from 
school lots or public lands; the rest from "town funds," the source of 
which is doubtful. In this same year a total of 835 towns reported 
to the state superintendent. 

From the foregoing account it appears that the common schools and 
academies received substantial aid from public funds yet were by no 
means fully supported by them. The other sources of income and 

""/^/J., 1827, Ch. 65. 

"^ Assembly Journal 1829 appendix E. The report of The State Superintendent 
gives the following details. "The following is a list of the principal reservations from 
which the town funds arise. One lot of 550 acres in each of the twenty-eight town- 
ships of the Military Tract; forty lots of 250 acres each in the twenty townships west 
of the Unadilla River being 10,000 acres; one lot of 640 acres in each of the townships 
of Fayette, Clinton, Greene, Warren, Chenango, Sidney and Camden in the counties 
of Broome and Chenango; ten lots of 640 acres each in the townships along the St. 
Lawrence; sixteen lots of 640 acres each in Totten and Crossfield's purchase." 

Amounts received in the various coimties. 

AMOUNTS RECEIVED IN THE VARIOUS COUNTIES 



Counties 




Number of 


Total amount 


Range among the 






towns 


received 


various towns 


Broome 




2 


$ 111.36 


$4-2.48 to 68.88 


Cayuga 




16 


1,740.50 


17.87 " 418.97 


Chenango 




13 


1,208.11 


16.00 " 245.57 


Cortland 




7 


885.63 


62.82 " 240.75 


Madison 




7 


893.27 


62.50 " 240.75 


Onandaga 




11 


2,486.34 


18.00 " 647.22 


Oswego 




2 


190.23 


90.46 " 96.77 


Queens 


(0} 


'Ster Bay from 








rent of marshes) 






Seneca 




6 


2,116.45 


71 75 " 501.06 


St. Lawrence 




1 


77.77 




Tompkins 




8 


3,230.78 




Aggregate 






13,133.91 





"^ Assembly Doc. 1835, Vol. 1 No. 8 Annual Report of Superintendent of Com- 
mon Schools. 



132 EDUCATIONAL LEGISLATION IN NEW YORK 

the methods of distribution of such income to the common schools, 
academies and colleges are stated in the following pages. 

Support of Common Schools 

The laws of New York after the year 1812 recognize six sources 
of support for common schools: the income of the common school 
fund, some money from the United States deposit fund, the income 
from town funds, the town tax, the district tax, and the money collected 
by rate bills in each district. The state apportionment, except certain 
appropriations from the United States deposit fund for libraries and 
apparatus, and also the town tax were used for the payment of teachers' 
wages; the balance necessary for this purpose was collected from indi- 
viduals in each district by means of rate bills; the district tax was used 
only for securing and maintaining sites, buildings and equipment; the 
income from town funds was variously applied. The acts which were 
passed relative to the establishment of various funds have aheady 
been cited. The regulations for the assessment and collection of town 
and district taxes and of rate bills, and for the apportionment and dis- 
tribution of all the money designed for the use of schools were the sources 
of much additional legislation. 

The levying of a town tax was optional with the town at first al- 
though it was a necessary preUminary to receiving state money .^^^ After 
1814^^^^ the supervisors were required "at every annual meeting (of the 
board of supervisors) ... to add to the sum or sums to be raised 
or levied on each of the said towns for defraying necessary expenses 
thereof, a sum equal to the sum which shall be last apportioned ... to 
such town and to cause the same to be collected within the same time 
and in the same manner as the other sums to be raised and levied on 
such towns, are by law to be collected. ..." This money was paid 
to the town commissioners for distribution among the districts. In 
addition to this tax the towns were allowed at their discretion to raise 
an additional amount which was fixed in 1819 as "a sum not exceeding 
the amount required to be raised. "^^^ 

It appears that the supervisors did not always levy the appointed 
tax, for in 1839^^^ a law was enacted that towns which had not raised 

"3 Laws of New York, 1812, Ch. 242, Sec. 5. 

'"Bid., 1814, Ch. 192, Sec. 6. 

"s Ihid., 1819, Ch. 161, Sec. 7. The school law of 1812 (Ch. 242, Sec. 5) permitted 
the towns to raise an amount equal to twice the required amount and that of 1814 
(Ch. 192, Sec. 7) made the Umit three times the reqviired amount). 

ii« Ibid., 1839, Ch. 330, Sec. 1, 2, 3. 



EDUCATIONAL LEGISLATION IN NEW YORK 133 

the required money the previous year should make up the deficit and 
that thereafter if the board neglected to make provisions for the tax 
at their annual meeting they should call a special one for this purpose and 
if it were not done then it should be done at the next annual meeting. 
Moreover, thereafter the clerk of the board of supervisors was required 
to report to the superintendent all resolutions and proceedings passed 
relating to the raising of school money and if it appeared that the super- 
visors had not directed the raising of the proper amount, the state 
appropriation might be withheld in whole or in part and be added to 
the principal of the common school fund. If this tax was not levied 
as provided by law the only penalty to which the town was subject 
was the withholding of the state apportionment, but the supervisors 
might be held liable by the town for the whole amount forfeited by their 
neglect. 

It was the duty of the first meeting of a district to "vote such a 
tax on the resident inhabitants ... as a majority of them . . . deem 
sufficient to purchase a suitable site for a schoolhouse, and to build, 
hire or purchase such schoolhouse and to keep in repair and furnish 
the same with necessary fuel and appendages.""^ The district meeting 
was not allowed to vote more than $400 for building a single school- 
house unless the commissioners certified in writing that a larger sum was 
necessary and stated the sum required."^ But if the district voted 
to build two school houses $400 could be raised for each one. The 
district could also be taxed to the amount of $20 in any one year 
to purchase maps, globes, blackboards and other school apparatus."^ 
The amount of money due from indigent persons on the rate bill was 
also made a tax upon the district as a whole.^^" 

Notwithstanding the expUcit mention of fuel as a proper object for 
the expenditure of the district tax, the amendment of 1822 provided 
that when ''the necessary fuel shall not be provided by a tax ... it 
shall be the duty of each and every person who shall send any child or 
children to such district school to furnish and provided his or her just 
proportion of the fuel necessary for such school," from which burden 
the trustees could exempt the poor.^^^ The district tax was levied on 

1" Ibid., 1812, Ch. 242, Sec. 5. 

^^Uhid., 1819, Ch. 161. 

"' Ibid., 1841, Ch. 256, Sec. 12. 

^^Ubid., 1843, Ch. 133, Sec. 14. 

^'^ Ibid., 1822, Ch. 256, Sec. 12. A special decision of the superintendent stated 
that the wood must be of a length suitable to be used and that the teacher or pupils 
could not be e.xpected to prepare it. Randall, p. 106. Digest. 



134 EDUCATIONAL LEGISLATION IN NEW YORK 

all taxable inhabitants in actual residence and also on such as owned 
real estate in the district^^^ within three miles of the schoolhouse/^^ and 
on corporations holding property there.^^* 

The rate bill was designed to cover the deficit between the public 
money received in each district from the town and the amount agreed 
upon with the teacher as wages. The inevitable result, particularly 
in the earUer years, was that for the sake of reducing the rate bill, cheap 
teachers were secured and terms were short. This rate bill was made 
out by the district trustees, against every person whose children had 
attended school, on the basis of the number of days' attendance by each 
pupil, as shown in the records of the teacher. The rate bill having been 
made out for all pupils, the poor were then exempted and their share 
made a tax upon the district as a whole.^^ Collections on the rate bill 
could be legally made only by a regularly elected collector but the teacher 
sometimes undertook to make the collections. He had no legal warrant 
for this and could not proceed against persons refusing to pay, A 
legal collector, however, could compel the sale of goods and chattels to 
pay such rate. 

The apportionment of the state money to counties and towns was 
on the basis of population according to the last preceding census, except 
for a short period between 1827 and 1830, when the law directed that 
the city and county of New York and the county of Albany and the 
towns and cities therein should receive an amount according to the ratio 
of their population respectively as compared with the population of 
the whole state according to the last preceding census .... and every 
other county, city and town ... on the ratio of the number of chil- 
dren over five and under sixteen years of age as appearing to the super- 
intendent from the returns of the last preceding year."^^^ 

^^Ubid., 1819, Ch. 189. 

^"^Ihid., 1841, Ch. 256. The law of 1819 made only cleared and cultivated l^d 
subject to taxation. The law of 1841 extended this to all land in the district. Farms 
intersected by district lines were taxed in the district in which the house stood. (Ran- 
dall Digest, pp. 168-172.) 

^^Ibid., 1841, Ch. 256. This act rendered turnpikes and railroad corporations 
liable to taxation on land owned within a given district. Property belonging to the 
U. S., to the state, to religious, educational or charitable institutions and to the minis- 
ters of the gospel not exceeding $1500 was exempt (Sec. 4, Ch. 13, 1. Rev. St., p. 379, 
2nd Ed.) 

1^ The Free School law passed in 1849 was an unsuccessful attempt to do away 
with the rate bill. v. Chap. VIII, p. 174 for further statement about this act. 

i=« Revised Statutes, 1827, Part I, Ch. 15, Title 2, Art. 1, Sec. 3 and 4. See 
Laws of 1830, Ch. 320, Sec. 5, for repeal. 



EDUCATIONAL LEGISLATION IN NEW YORK 135 

The money was apportioned "among the several school districts, 
parts of districts and neighborhoods separately set off, within their 
town" "in proportion to the number of children residing in each, over 
the age of five and under that of sixteen years, as the sarAe shall have 
appeared from the last annual reports of their respective trustees," 
exclusive of Indian children, who were otherwise provided for. If 
districts were altered after the annual reports were received and before 
the apportionment of money, the commissioners were authorized to 
ascertain the number of children by the best means in their power and 
make the apportionment on that basis. 

The task of apportioning the school money was at first^-^ divided 
between the superintendent who made the apportionment to counties; 
the board of supervisors, or their clerk, who made it to those towns 
which raised the required amount of money; and the town commis- 
sioners who divided the funds received by the towns among the dis- 
tricts). Later 1^^, the superintendent made the apportionment to both 
county and towns except in those cases where insufficient evidence 
of population made it impossible for him to make a just apportionment 
under which circumstances it was done by the county treasurer. It 
was required that the superintendent make a new apportionment when- 
ever there was an increase in the money to be distributed^^^ and also 
whenever there was a new United States or state census, or whenever a 
new county was made or an old one divided so as to render the appor- 
tionment unjust.^^" After 1822^^^ the whole matter of town and county 
apportionment was put in the hands of the superintendent without 
reserve. The apportionment to districts remained in the hands of the 
town commissioners. 

It was the duty of the superintendent after having made the yearly 
apportionment to notify the comptroller and each county clerk of the 
amount due each county. The comptroller was thereupon required to 
certify the amount to the state treasurer, and the county clerks to notify 
the county treasurers and the board of supervisors of their respective 
counties.^^^ The county treasurers were directed to apply for and re- 

i"Laws of New York 1812, Ch. 242, Sec. 3, 5, 15; 1814, Ch. 192, Sec. 3, 6, 21. 

^^Ubid., 1819, Ch. 161, Sec. 5. 

i"/6jrf., 1812, Ch. 242, Sec. 3. 

""/WJ., 1819, Ch. 161, Sec. 5. 

"i/WJ., 1822, Ch. 256, Sec. 1. 

"2 By the law of 1812 (Ch. 242, Sec. 5) the county clerk must also notify 
the town clerk that the matter might be brought before the town meeting to see whether 
it would vote to raise an equal sum for the support of schools. In case they did so 



136 EDUCATIONAL LEGISLATION IN NEW YORK 

ceive the money from the state treasurer immediately and to notify the 
various town commissioners of the amount due them and hold the same 
subject to call.^^^ The board of supervisors was required to levy the 
town tax as aforesaid and to pay the same to the town commissioners. 
If there were no town commissioners or if they did not apply for the 
money before the next apportionment was received, both the money from 
the state and from the town tax was added to the amount next to be 
distributed.^^ 

The distribution within each town was made by the town commission- 
ers who received the town's share of the state money from the county 
treasurer and the town tax from the town collector; apportioned the same 
among the districts; and paid the apportionment to the teachers on a 
written order from the trustees.^^^ The money therefore did not pass 
into the hands of the trustees at all. No district was allowed to receive 
a share unless the annual report had been made as directed, unless school 
had been kept for three months^^'' by a qualified teacher and all the money 
received from the commissioners had been spent for teachers' wages.^^^ 
In 1843^^^ it was enacted that ''No portion of the teachers' fund shall be 
paid to any district . . . unless it shall appear that a school had been kept 
the length of time now required by law^^^ (namely, four months) by a 
duly qualified teacher and that no other than a duly qualified teacher 
had at any time during the year for more than one month been em- 
ployed to teach the school in said district. ..." 

The law of 1812 provided that if a district did not use its share of 
public money it should be divided among the other districts in the same 
town if they needed it, if not it should be added to the amount next to 
be distributed. The law of 1814 provided that "All monies apportioned 
by the commissioners, to the trustees of a district, . . . which shall have 
vote the supervisors were notified and they made the apportionment and tax list ac- 
cordingly. 

133 When the apportionment to towns was made by the clerk of the board of super- 
visors the treasurer was obliged to obtain the apportionment from the said clerk before 
notifying the commissioners. (Laws of N. Y., 1814, Ch. 192, Sec. 4). 

i^Laws of N. Y., 1814, Ch. 192, Sec. 6. 

^^Ihid., 1843, Ch. 133, Sec. 15. 

^^^Ihid., 1814, Ch. 192, Sec. 21. Districts formed within three months were 
exempt from this provision if they were formed from districts which had met the re- 
quired regulations. (1831, Ch. 206, Sec. 1.) The length of term was changed to 
four months after the addition of the U. S. deposit fund. (1838, Ch. 237, Sec. 2.) 

1" Ibid., 1827, Ch. 228, Sec. 23, 24, 25. 

i58 76ji., 1843, Ch. 133, Sec. 15. 

"'/WJ., 1838, Ch. 237. 



EDUCATIONAL LEGISLATION IN NEW YORK 137 

remained in the hands of the commissioners for one year after such ap- 
portionment, by reason of the trustees neglecting or refusing to receive 
the same, shall be added to the monies next thereafter to be apportioned 
by the commissioners, and shall be apportioned and paid therewith "^^'^ 
and "in case any school monies received by commissioners cannot be 
apportioned by them, for the term of two years after the same are re- 
ceived, by reason of the non-compUance of all the school districts in their 
town, such monies shall be returned by them to the county treasurer, 
to be apportioned and distributed together and in the same manner with 
the monies next thereafter to be received by him, for the use of common 
schools. "^^^ In case there were no town commissioners or they did not 
call for the town's apportionment of state money, the county treasurer 
was directed to keep it and add the amount to the next apportionment.^^^ 

Money was forfeited by the districts if reports were not made by the 
district trustees at the proper time, if schools were not kept for three 
months by a quahfied teacher, if any teacher not qualified were employed 
in the district for more than one month. Money might be forfeited by 
the town at the discretion of the superintendent if the reports of the 
commissioners were not made at the proper time and money thus for- 
feited be distributed among the other towns. In case the town lost its 
apportionment through the fault of the commissioners they could be held 
liable for the whole amount thus forfeited with interest.^*^ Money was 
forfeited by a county during the years 1841 to 1847 if a county superin- 
tendent was not appointed. 

A law making the schools free to all persons, over five and under 
twenty-one years of age, residing in each district was passed in 1849.^^ 
By this law each county and each town in the county was required to 
raise a sum equal to the amount of the state school money apportioned 
to it. The district trustees were directed to make an estimate of the 
amount over and above that raised in the county and town which would 
be necessary to pay the expenses of the schools, and to submit this 
estimate to the district voters. So much of the sum named as should be 
approved was to be raised by a tax on the district. This bill was re- 
pealed in 1851 and the rate bill reestablished. Supt. Morgan says that 
the bill was not well framed and that many who voted for its repeal 

"o/Jz^f., 1814, Ch. 192, Sec. 21. 

"i/Wi., 1819, Ch. 161, Sec. 16. 

"2/Wi., 1814, Ch. 192, Sec. 4. 

i« Revised Statutes 1827, Part I, Ch. 15, Title 2, Art. 1, Sec. 31 and 32. 

i«Laws of N. Y., 1849, Ch. 140. 



138 EDUCATIONAL LEGISLATION IN NEW YORK 

favored free schools but were unable to get a properly amended law before 
the people and therefore voted against it.^^ Several cities established 
free schools before 1850^^^ but they were not permanently estabhshed 
throughout the state until 1867. 

Support of Academies 

The law which gave the regents power to incorporate academies^*^ 
made no provision for their support other than authorizing the regents 
to apply any funds coming into their hands as they might consider 
''most conducive to the promotion of literature and the advancement 
of useful knowledge within the state" and directing that grants for 
special purposes be applied as directed. Since no provision was made 
for any regular source of income for the regents the evident expectation 
was that the schools would be founded by;, private benefactions and, for 
the most part, supported by tuitions and any other sources of private 
income available. Before 1800 there were two special appropriations 
of money for the support of academies. From 1800-1850 support on the 
part of the state consisted in the income from certain f unds^'*^ and special 
appropriations to individual academies. Until 1827 the amount dis- 
tributed in any one year did not exceed about $5,000. This was supple- 
mented by many appropriations or grants to individual academies. 
After 1825 these special grants were seldom made, although some loans 
were made from state funds. The basis of distribution varied in accor- 
dance with ordinances of the regents or by statute. 

In 1790 the state treasurer was authorized to pay to the regents out 
of "any monies in the treasury unappropriated" £1000 for the use of 
Columbia College and the academies.^*^ Half of this was divided 
among the academies then incorporated, Erasmus Hall, North Salem, 
Montgomery and Washington.^^° The same bill set apart a tract of 
land near Lake George for the benefit of academies and colleges, but 
its boundaries were changed in 1802 and Union College was made a 
beneficiary with Columbia College, all reference to academies being 
omitted.^^^ A second grant of money, £1500 a year for five years, was 

i«Ass. Doc. 1851, No. 21, p. 14. 

i«v. Chap, v., p. 110. 

"' Laws of N. Y., 1787, Ch. 82. 

"^ Positive records of regular annual distribution are wanting before 1819. 

i«Laws of N. Y., 1790, Ch. 38. 

180 Rept. of Reg. Feb. 22, 1791, Ass. Journ. 1790-1795, p. 73. 

1" For further comment on this bill v. Support of Colleges, p. 145. 



EDUCATIONAL LEGISLATION IN NEW YORK 139 

authorized in 1792.^^^ ^Yhe only reference in the succeeding reports 
of the regents to such an expenditure is in that of the next year when 
they reported £1500 total aid given to the following academies: Erasmus 
Hall, Clinton, Union Hall, North Salem, Dutchess County, Farmer's 
Hall, Montgomery, Washington, Schenectady, and Hamilton-Oneida.^^^ 

An act of 1801 providing for the raising of $100,000 by four successive 
lotteries, the money to be divided equally between the common schools 
and the academies has already been referred to.^^* From 1803 to 1813 
the reports of the regents, except for the years 1808 and 1811, make 
a general statement that they have used their funds for the best interests 
of literature and that the academies generally need more aid than it 
is possible to give. In 1808 they reported that they distributed "to 
the academies $1500, being the interest on such part of their funds as 
heretofore have been loaned. "^^'^ The report of 1811 contains the state- 
ment that "$2,000 will this year be distributed among the academies. "^^^ 
Horatio Spafford, in the Gazetteer of 1813, says "The regents annually 
distribute about $2,000. "i" When the hterature fund was put on a 
permanent basis in 1813'^^ the legislature provided^^^ that "the regents 
of the university shall make such distribution of the annual income 
amongst the several incorporated academies of this state as in their 
judgment shall be just and equitable, taking into calculation all former 
or present endowments made by the legislature of this state." In 
this year the regents reported the distribution of $5,000 among the 
academies.^®" 

No other specifications of the amounts distributed have been found 
until 1819. The regents then reported^*'^ that the income from the 
hterature fund was $5288.74, that the money had previously been dis- 
tributed according to the total number of pupils, but that they had 
recently adopted a rule to distribute the money in their hands in pro- 
portion to the number of pupils receiving a classical education; and that 

152 Laws of N. Y., 1792, Ch. 69. 

153 Rept. of Reg., Feb. 5, 1793, Ass. Journ. 1790-1795, p. 212. 

154 Laws of N. Y., 1801, Ch. 126, v. p. 29, n. 39 and pp. 111-112. 
156 Rept. of Reg. in Ass. Journ., 1808, p. 399. 

i5«Rept. of Reg. in Senate Journ., 1811, p. 179. 

15' Spafford's Gazeteer of the State of N. Y., 1813, p. 40. 

i58v. p. 119. 

159 Laws of N. Y., 1813, Ch. 190. 

"o Rept. of Reg. in Ass. Journ. 1813, p. 495. 
^''Ibid., 1819, p. 863. 



140 EDUCATIONAL LEGISLATION IN NEW YORK 

twenty-five academies were eligible for receiving money.^^^ By the 
report of the previous year there were thirty-eight incorporated acad- 
demies.^^^ Forty- two had been incorporated, but Schenectady and 
Hamilton-Oneida had been changed to colleges; Otsego was burned 
in 1809 and not rebuilt, and one other had evidently dropped out. The 
discrepancy between the number incorporated and the number eligible 
for funds point to a lack of classical education or a failure to report, 
since these were the only conditions limiting the eligibility of incorporated 
academies at this time. 

When the literature fund was increased in 1827^^^ the regents were 
directed to distribute the whole amount to such incorporated academies 
and seminaries, "other than colleges," as were then subject to their 
visitation and also to such as should by a corporate act place themselves 
under their control and visitation. The money was directed to be dis- 
tributed "in proportion to the number of pupils instructed in each 
academy or seminary, for six months during the preceding year, who 
shall have pursued classical studies, or the higher branches of English 
education or both"; and it was enacted that "no pupil shall be 
deemed to have pursued classical studies, unless he shall have ad- 
vanced as far at least as to have read the first book of Aeneid of 
Virgil in Latin; and no student shall be deemed to have pursued 
the higher branches of an English education, unless he shall have 
advanced beyond such knowledge of common, vulgar and decimal 
arithmetic and such proficiency in English grammar and geography 
as are usually obtained in common schools. "^^^ In 1836 the regents 
passed an ordinance that no pupil under ten years of age should be 
counted as pursuing such studies. The revised statutes of 1827 
direct that the regents shall first divide the whole income into eight equal 
parts and assign one part to each senate district to be distributed in 
that district according to the above requirements. ^^^ 

This law of 1827 just mentioned carried the promise of a considerable 
increase in the available school funds and provided a legitimate way 
for academies otherwise incorporated to place themselves in line for 
a share. By 1831 nearly all the academies previously incorporated, 

"2 76id., in Senate Jotim. 1819, p. 245. 

^^UUd., 1818, p. 319. 

"«Laws of 1827, Ch. 228. $150,000 was added v. p. 119-120. 

^"^ V. Chap. Ill, p. 47 for interpretation of this act. 

"» Rev. Statutes Pt. I, Ch. XV, Title I, Art. I, Sec. 23. 



EDUCATIONAL LEGISLATION IN NEW YORK 141 

except a few whose charters expressly debarred them/" had been placed 
on the list of those eligible for state funds. Beginning with this year 
almost every charter granted by the legislature contained a paragraph 
to the effect that the school should not be subject to other visitation 
by the regents nor eligible to a share in the income of the literature fund 
until it should have complied with all the requisites which would author- 
ize and induce the regents to incorporate it and that it should thereupon 
be subject to all the regulations and restrictions applicable to academies 
incorporated by the regents. The requisite for incorporation was that 
the school should own a completed and properly equipped building 
and a vested capital producing an income of $250. The "regulations 
and restrictions" were those incorporated in the law of 1827 relative 
to curriculum and reports and have been mentioned before. 

The amount of money to be dispensed was fixed by law in 1834 and 
the uses to which it might be put were defined. ^^^ It was enacted that 
$12,000 be expended annually to be used exclusively for salaries for 
tutors; that a sum not to exceed $250 in any one year might be spent, 
at the discretion of the regents, for the purchase of "textbooks, maps 
and globes or philosophical or chemical apparatus" for any academy 
provided the school raise an equal amount; that any excess of revenue 
might be expended by the regents if they deem it wise, for educating 
teachers for the common schools under such regulations as they should 
prescribe. 

In an ordinance passed in this year^^^ the regents stated that they 
had previously made the requirement that all the money received from 
them be used for salaries and that since this requirement had been made a 
law the annual reports must show that the money had been expended 
as directed. Notwithstanding this direction the school reports sometimes 
show that it was used for repairs, for apparatus, or for other purposes. 
The amounts received by individual schools at this period ranged from 
$30 to $600. By the same ordinance as above the regents ruled that 
they would pay no money for books and apparatus until an equal amount 
had been raised and actually paid over to the school treasurer and that 
this money must be raised by voluntary subscription and must not be 
any part of the regular income of the school from funds or tuition. 

i"Laws of N. Y., 1825, Ch. 75; 1828, Ch. 256; 1829, Ch. 219; 1829, Ch. 12; 1831, 
Ch. 247. See list of Academies Appendix A. under these dates for names of academies 
disqualified. 

^^Uhid., 1834, Ch. 140 and 241. 

"^Instruction for Academies, 1836, p. 28. 



142 EDUCATIONAL LEGISLATION IN NEW YORK 

Twenty-three academies applied for money the next year but only ten 
raised the required collateral. In 1840, however, eighty-eight academies 
received sums ranging from $20 to $250.^^*' An annual and specific re- 
port of the expenditure of such money was required by an ordinance 
of 1836.^^'- The amount to be distributed by the regents was increased 
in 1838 by $28,000 annually from the United States deposit fund, the 
whole amount to be distributed among the academies in the several 
senatorial districts.^''^ Additional conditions were imposed on the acad- 
emies at this time, as follows: "No academy shall hereafter be allowed 
to participate in the annual distribution of the literature fund, until 
the regents of the university shall be satisfied that a proper building 
has been erected and finished to furnish suitable and necessary accom- 
modation for such school, and that such academy is furnished with a 
suitable library and philosophical apparatus,^'^^ and that a proper pre- 
ceptor has been and is employed for the instruction of the pupils at such 
academy; and further, that the regents shall, on being satisfied that such 
building, library and apparatus are sufficient for the purposes intended, 
and that the whole is of the value at least of twenty-five hundred dollars, 
permit such academy or school to place itself under the visitation of 
the regents, and thereafter to share in the distribution of the moneys 
above mentioned, or any other of the literature fund in the manner 
now provided by law. The regents of the university may also admit 
to such distribution and to any other of the literature fund, any incor- 
porated school, or school founded and governed by any literary corpora- 
tion other than theological or medical, in which the usual academic stud- 
ies are pursued, and which shall have been in like manner subjected 
to their visitation, and would in all other respects, were it incorporated 
as an academy, be entitled to such distribution." 

The sum of $40,000 annually continued to be spent for instruction 
in academies until after 1850, additional sums being appropriated for 
equipment of various sorts. By special appropriation bills in the 
years 1847-1850^^^ the following sums were designated to be distributed 

""Rept. of Reg. 1840, p. 28. 

"1 Instructions for Academies 1836, p. 32. 

i"Laws of N. Y., 1838, Ch. 237. 

1'^ This clause was interpreted by the regents by an ordinance of 1849 -to require 
a library actually paid for and installed to the value of at least $150. Instr. from the 
Regents for Academies Ed. 1849. 

"^Laws of N. Y., 1847, Ch. 258; 1848, Ch. 236; 1849, Ch. 174 and 301. By the 
constitution of 1846 it was made necessary to specify in an appropriation bill all money 
expended for any purpose. 



EDUCATIONAL LEGISLATION IN NEW YORK 



143 



by the regents among the academies under their control: for each of 
the years 1847 and 1848, $13,000 from the Hterature fund and $27,000 
from the United States deposit fund; for 1849 and 1850, $15,000 from 
the literature fund and $25,000 from the United States deposit fund. 
For books and apparatus under the conditions imposed by the law of 
1834, $3,700 was directed to be spent for 1847 and 1848 collectively, 
$1,500 for 1849 and $3,000 for 1850. To estabhsh and equip observa- 
tories in the academies $1,500 was designated for each 1849 and 1850. 
Out of the income of the Hterature fund or the United States deposit 
fund, not otherwise appropriated, $250 was assigned for the years 1850 
and 1851 to an academy in each county provided such academy had 
instructed in the science of common school teaching at least twenty 
individuals for at least four months during each year.^'^ The regents' 
report of 1850i^« shows that the academies received $40,000 from the state 
funds and $227,576, from tuitions from which it appears that the state 
contributed less than one-fifth to the expenses of these schools. 

Besides the state funds distributed through the regents, the legisla- 
ture made specific grants of land or money to a considerable number 
of individual academies.^" The land grants were generally made 
with a provision similar to the following: "That it shall be the duty 
of the trustees of the aforesaid academy, whenever they shall sell the 
said lot, or any part thereof, to loan the money arising from such sale, 
on landed security to double the value of the sum so loaned, and on 
the payment of any such loan, again to reloan the same, forever, and 
appropriate the interest arising from such loans forever to the support 
and maintenance of instruction in said academy. "^^^ A few acts specified 
that the land granted might be sold and the money used for building 
purposes. It was evidently not always easy to realize on the land. 
Several grants were made about 1825 which were followed within a 
year or two by acts granting to the school a lump sum on condition that 
lands be reconveyed to the state, or that, when such lands should be 
sold the money should be paid to the state treasury and not to the 
schools. Until 1828 most of the benefactions were grants of lands; 

"5 V. Chap. IV, pp. 73-74 for Normal Departments in academies. 

"« Rept. of Reg. 1850. The charter of the Schenectady Lyceum and Academy 
stipulated that so long as the school received anything from the hterature fund it 
should take free of charge from every town in Schenectady county, one pupil who 
should pursue classical or higher English branches the pupil to be named by the 
inspectors. (Laws 1837, Ch. 95.) 

i"v. List of grants, Appendix B. 

"8 Laws of N. Y., 1813, Ch. 199. 



144 EDUCATIONAL LEGISLATION IN NEW YORK 

after 1830 the aid given was generally a loan. In several cases the 
money was directed to be repaid by assessing a special tax on the town. 

Such an instance occurred in 1833 when it was provided that the 
money in the hands of the super\dsor and poor masters of the town of 
Oswegatchie be paid to a board of commissioners thereafter named 
and that the supervisors of St. Lawrence county levy on taxable property 
of Oswegatchie as other taxes were levied, enough to raise this sum to 
$2,000, provided the inhabitants of the town first raised $2,000 by 
subscriptions or otherwise. This $4,000 was directed to be used for 
a lot and building suitable for an academy, in which building there should 
be a suitable place for pubUc meetings of the inhabitants of the town 
which should always be used free of charge. The supervisor, town clerk, 
president and clerk of board of trustees of the village were to be official 
trustees of the academy. Moreover, each school district in the town 
was to be entitled to a credit on the tuition of any scholars from that 
district to the amount of the interest on the tax paid by them under 
the above provisions.^^^ Ogdensburgh Academy was the school which 
resulted from this act. St. Lawrence Academy, Canton, Franklin, 
Lowville, and Sandy Hill Academies and Gouveneur High School were 
the objects of similar provisions. 

In the double character of elementary and secondary schools the 
academies occasionally drew money from both the common school fund 
and the literature fund. Erasmus Hall was granted the school money 
belonging to that part of Flatbush known as ''Old Town," to be apphed 
for the education of poor children belonging to the said district who were 
sent to the academy. The trustees were required to report to the 
school commissioners as well as to the regents. The trustees of Mont- 
gomery Academy, Farmer's Hall and Oyster Bay were made trustees 
of the school district with power to receive and expend money from 
the common school fund. In the last two instances this action was 
subject to the approval of the inhabitants and forfeited at the end of 
six years unless renewed. ^^° 

Support of Colleges 

There was no regular support accorded to the schools for higher 
education before 1850. Many concessions were made to individual 
colleges before 1820 and considerable appropriations were made from 
the United States deposit fund after 1838 but there was no permanent 

i"/&tJ., 1833, Ch. 249. 

18° V. Chap. V, p. 99 for further mention of these schools as part of the common 
school system. 



EDUCATIONAL LEGISLATION IN NEW YORK 145 

fund yielding an annual revenue for the benefit of colleges which was 
comparable to the common school and the literature funds. Colleges 
and medical schools shared in the monies appropriated, but theological 
schools were never recognized as proper objects for state aid. 

Of the money expended for higher education, Columbia and Union 
Colleges received the lion's share. In 1787^^1 the legislature authorized 
a loan of £2552 to Columbia; in 1790^^^ £iooO was voted to the regents 
for the use of " Columbia College and the academies already incorpora- 
ted. " By the same act two considerable tracts of land were set apart 
for the specific use of colleges and academies. The act states that 
"Whereas it is the duty of a free and enlightened people to patronize 
and promote science and literature as the surest basis of their Hberty, 
property and happiness, and Whereas the regents of the university in 
their annual reports . . . have represented that Columbia College 
as well as the respective academies incorporated by the said regents 
require aid and encouragement to remove the impediments under which 
they labor from a deficiency of their funds notwithstanding the con- 
tributions of individuals, and it appearing to this legislature, that a 
portion of the public property will be wisely and usefully employed, 
in enabUng the said regents to remove those disadvantages, and to pro- 
ceed with greater energy and success in accomplishing the important 
oflSce assigned them by law as the guardians of the youth of this state 
. . . therefore, a tract of land in Washington County, at the south 
end of Lake George and also Governor's Island be granted to the regents 
to lease for limited terms and to use the profits for the advancement 
of science and literature in the above mentioned college and in academies 
already incorporated and hereafter to be incorporated." Governor 
John Jayi*^ sent to the legislature a special message in 1796 containing 
an extract from the minutes of the regents in which they recommend 
that since they were not authorized to sell or lease, in perpetuity, the 
land granted in 1790 and since it had hitherto been unproductive of 
income and probably would not be adequate to the purpose for which 
it was intended, the legislature resume the grant, sell the property and 
appropriate the avails to such literary institutions as the legislature 
should see fit. No action, however, was taken. Six years later an 

1" Laws of New York, 1787, Ch. 82. 

^^"^Ibid., 1790, Ch. 38. The report of the regents the following year states that 
half this money went to Columbia, half to the four incorporated academies. Assembly 
Journal 1791, p. 73. 

*** Governor's Message 1796. 



146 EDUCATIONAL LEGISLATION IN NEW YORK 

amendment^ ^^ to the "Act for the encouragement of literature passed 
in 1790" provided that "Whereas it appears from a report of the sur- 
veyor-general that the grant of a certain tract of land in Washington 
county adjoining the south end of Lake George to the regents of the 
University . . . interferes with the bounds of lands previously granted 
and the regents have prayed for a grant of other lands adjoining the 
the same in lieu thereof" therefore the regents should be vested with 
certain other lands in the vicinity of Lake George keeping those already 
granted at Ticonderaga and Crown Point. Although the lands were 
originally destined for Columbia College and the academies the regents 
were now authorized to grant them " to the trustees of Columbia and Union 
Colleges in such proportions as they shall deem just and reasonable." 
Columbia College was given £7900 in 1792 for the following purposes, 
£1500 for enlarging the library, £200 for chemical apparatus, £1200 
to "build a wall necessary to support the grounds of the college," £5000 
to erect an additional wing and in addition £750 yearly for five years 
for salaries.^^^ Governor Clinton's message of this year contains a 
paragraph which indicates that state aid to educational institutions 
was viewed quite as a matter of course. "As the diffusion of knowledge 
is essential to the promotion of virtue and the preservation of liberty 
the flourishing condition of our seminaries of learning must prove highly 
satisfactory and they will, I am persuaded, be among the first objects 
of your care and patronage and receive from time to time such farther 
aid and encouragement as may be necessary for their increasing pros- 
perity. "^^^ 

In 1795 Union College was granted £1500 "as a free and voluntary 
gift on the part of the people of this state to be by them applied to the 
purchase of an apparatus of the instruments and machines for illustrat- 
ing lectures in astronomy, geography, and natural philosophy and the 
residue, if any, to be applied to the purchase of such books for the use 
of the said college as the trustees may think proper. "^^^ In 1796 the 

^^ Laws of N. Y., 1802, Ch. 105. Governor's Island mentioned in the origina 
act was resumed by the state so that no profit accrued to the college. (Senate Journal 
1814, p. 154). The lands were estimated as comprising 2889 acres (Assembly Journal 
1814, p. 123.) 

^^^ Ibid., 1792, Ch. 69. The Regents' report of this year suggests that money 
appropriated be expended only for salaries, philosophical apparatus, books and scholar- 
ships for indigent "youths of genius." Assembly Journal 1792, p. 212. 

"8 Governor's Message, 1792, Jan. 5. 

"'Laws of N. Y., 1795, Ch. 76. 



EDUCATIONAL LEGISLATION IN NEW YORK 147 

sum of £750 annually to Columbia was continued for two years and 
£4000 was granted to Union College for buildings.i^^ In 1797, S750 
was appropriated annually to Union College for two years for salaries ;^^^ 
by the same act Columbia received $500 annually during the pleasure 
of the legislature for an anatomical museum and the service of the pro- 
fessor of anatomy as curator.^^" 

The trustees of Union College in 1800 were given permission to bor- 
row, on the credit of the state, $10,000 to complete the college edifice 
and to establish a fund for the support of professorships "the legislature 
within two years to make provision for the repayment of the money to- 
gether with the interest." At the same time the college was granted 
ten of the lots reserved for literature, according to the act of 1789^^^^ 
on condition that if the lots be sold the proceeds be properly invested 
and the revenue be used for the support of the professors and president 
of the college.^^^ This act was amended in the following year making 
it legal for the bank of Albany to loan the aforesaid money to the college 
at 7% and for the treasurer of the state to pay annually to the trustees 
the interest which should accrue on the sum borrowed.^^^ In 1810 the 
money was directed to be paid in full by the Comptroller to the bank 
of Albany .194 

The next concession to Union College was permission to raise $80,000 

by a lottery. 19^ The grounds for this grant are thus stated in the pre- 

^^^ Ibid., 1796, Ch. 57. The report of the regents and the accompanying appeal 

from the trustees of Columbia was "earnestly recommended" to the notice of the 

legislature by Governor Jay in a special message March 14, 1796. 

'^^Ibid., 1797, Ch. 65. 

"°In 1811 (Ch. 246) this money was directed to be paid to the regents for the 
benefit of the College of Physicians and Surgeons. This action was taken in response 
to a report of the regents laid before the legislature by a special message of Governor 
Jay. The report stated that Wright Post, Professor of anatomy at Columbia had 
made a trip to Europe to secure materials necessar>' for an adequate teaching of ana- 
tomy and that since a perfect understanding of anatomy was essential to medical knowl- 
edge money ought to be appropriated for maintaining and adding to the collection 
and for paying Prof. Post for his care. (In Governor's Messages ed. by C. Z. Lincoln 
II, p. 389-390.) 

"1 Laws of New York, 1789, Ch. 44. These were in the Military Tract in Onon- 
daga Co. 

''Ubid., 1800, Ch. 19. 
"3 Ibid., 1801, Ch. 71. 
'^^ Ibid., 1810, Ch. 53. 

"5 Ibid., 1805, Ch. 62. The report of Union College in 1813 states that a classical 
library had been estabhshed; a fund of $10,000 for indigent students and a fund of 
$35,000 for the support of ofl&cers of the college had been invested. Report of Re- 
gents in Ass. Joum. 1813, p. 131. 



148 EDUCATIONAL LEGISLATION IN NEW YORK 

amble of the act; "The trustees of Union College have by their 
petition presented to the legislature represented that a plan of education 
and government has been lately adopted in the college different from 
that which was originally intended, and which in its consequences 
affords the most flattering prospects of extensive and permanent use- 
fulness ; that such plan will unavoidably require the erection of additional 
buildings and increased number of professors; and that the present 
funds of the college are inadequate; and it appears to the legis- 
lature that by a liberal endowment of seminaries of learning, science 
and literature the surest basis of the liberty, prosperity and happiness 
of the people will be promoted." It was accordingly enacted, that 
there should be raised "by four successive lotteries, the sum of $80,000 
that is to say the sum of $20,000 by each lottery, with the addition 
of 10% on such sum for the expenses accruing thereon. " Of this amount 
$35,000 was authorized to be spent for the erection of buildings, $35,000 
to be invested and the annual income to be applied to the support of 
professorships, and the residue to be invested and one-half the income 
used "for the establishment and maintenance forever of a classical 
library, from which all the students shall be furnished with books which 
they are required to study — paying for the use of the same $1.50 per 
quarter — and all indigent students . . . shall during good behavior be 
furnished with books necessary for pursuing their education. " The re- 
maining half of the income was to be used "toward defraying the ex- 
penses of such scholars as may be from time to time, pursuing their 
education in such seminary." This concession for lotteries was made 
on condition that the charter be amended by the regents so as to re- 
duce the number of trustees to twenty-one, the chancellor, justice of the 
supreme court, secretary, comptroller, treasurer, attorney-general and 
surveyor-general being ex-ofl&cio trustees; and that the regents fill all 
vacancies. The managers of this lottery were authorized^ ^^ later "to 
raise an additional sum of $5,000 by each of the said lotteries and to 
pay the same to the regents of the University for the endowment of the 
College of Physicians and Surgeons. " 

In 1810^^^ the commissioners of the land office were empowered to 
purchase "at a fair and equitable valuation" the botanic garden of Dr. 

"«Laws of New York, 1809, Ch. 9. 

*" Ibid., 1810, Ch. 50. In 1806, Gov. Lewis urged that some support be accorded 
the private botanic garden of Dr. Hosack, lecturer on botany "without compensation, ' ' 
giving as his reason that "In a country young as ours the experimental sciences cannot 



EDUCATIONAL LEGISLATION IN NEW YORK 149 

David Hosack, the money for the same to be raised by a lottery and 
the garden to be held by the regents for the benefit of physicians and 
medical students of the state. The College of Physicians and Surgeons 
of the Western District was endowed/^* in 1812, with bonds and mort- 
gages ... for lands . . . sold on the late Oneida reservation to the 
amount of $10,000 . . . : Hamilton College was endowed in the same 
way^^^ to the extent of $50,000, the interest to be paid on the said bonds 
and mortgages but the principal not to be demanded for ten years. 

An act sanctioning a lottery "for the promotion of Hteraturej''^^" 
was passed in 1814, the amount raised to be sufficient to cover the 
following appropriations: $100,000 to Union College for buildings, 
$30,000 for paying a debt already contracted, $20,000 for increasing 
the library and augmenting the philosophical and chemical apparatus 
and $50,000 to be invested as a fund for the help of indigent students; 
$40,000 to Hamilton "to be applied ... as the interest of the college 
may require; $4,000 to the Asbury African Church to pay a debt and 
establish a school; and $30,000 for the endowment of the College of 
Physicians and Surgeons of New York City. Columbia's only plum 
was the Botanic Garden previously purchased, which grant was made 
on the express condition that the college be removed to land adjacent 
within twelve years, a proviso which was later repealed.^^^ 

The inability of Hamilton College to realize promptly on their en- 
dowment of 1812 or the lottery of 1814 led to an appropriation of $10,000 
in ISIT^**^ the same to be deducted from its share when the lottery should 
be completed. A similar act^''^ granted an immediate payment of 
$20,000 to the College of Physicians and Surgeons of New York City 
on the same terms. In 1819^''"^ Columbia College was granted $10,000 
to be expended at the direction of the trustees; and in 1820 the College 

be expected to arrive at any degree of excellence without the patronage and bounty of 
the government, for individual fortune is not adequate to the task." Governor's 
Message, Jan. 1806. 

"8 Laws of N. Y., 1812, Ch. 222. 

"» Ibid., 1812, Ch. 237. 

^°°Ibid., 1814, Ch. 120. 

"> Ibid., 1819, Ch. 19. 

^''^ Ibid., 1817, Ch. 91. 

'^^Ibid., 1817, Ch. 109. The Comptroller borrowed this money at 7% and in 
1822 (ch. 134) was authorized to effect a new loan if it could be made at a lower rate 
of interest. 

^^Ibid., 1819, Ch. 19. 



150 EDUCATIONAL LEGISLATION IN NEW YORK 

of Physicians and Surgeons of the Western District was granted $1,000 
a year for five years.^''^ 

From 1820 to 1838 no money was spent by the state for higher 
education. This was the period of development of common schools 
and academies rather than of colleges. Governor Clinton, in 1826, 
said ''The infant college of Geneva . . . has never experienced public 
bounty. As the establishment of an institution of this kind imposes 
an obhgation to make suitable provisions for its support, I presume 
you will not hesitate to take it under your Hberal patronage." A 
senate committee reported in favor of granting aid to the college but 
the bill was lost.^^^ In 1830 Governor Thompson made another appeal 
for this college which had received, he said "no other favor from the 
state than its charter" but no aid was forthcoming. It was not until 
after the income from the United States Deposit Fund became available 
that any further support was given to the colleges by the state. 

In 1837, when the question as to the distribution of this income 
arose the Senate asked for a report from the Comptroller on the amounts 
previously appropriated and advanced by the state to colleges and aca- 
demies except the annual distribution of the literature fund. The 
following report was made, with the statement that where lands were 
granted there was no means of estimating the value. Some discrepan- 
cies, which are noted below, appear between the appropriations or grants 
made by the legislature and the sums here reported as paid. 

REPORT OF COMPTROLLER, 18372" 

Columbia CoUege^"^ 

1784 $ 6,380.00 

1792 19,750.00 

1792 1,875.00 annually for 5 years 

1796 1,875.00 annually for 2 years 

1800-1810 500.00 annually for anatomical department 

1816-1817 74,268.75 raised by lottery for the Botanic 

Garden 

Union College^"' 

1800 $10,000.00 

Raised by lottery and paid 80,000.00 

Raised by lottery and paid 68,091.42 

't°^Ibid., 1820, Ch. 121. 

308 Messages from the Governors ed. by C. Z. Lincoln, Vol. Ill, p. 117 and note. 

3<" Quoted in Senate Doc. 1856, Vol. I, No. 32. 

^o^ Additional items appropriated to Colvunbia were: 1790, £500 (v. ante p. 145 
and note 182); 1819, $10,000 (v. ante p. 149.) It would seem as if this could not have 
been paid.) 

2°^ A report from Union College (Ass. Jour. 1814, p. 123) gives the following addi- 
tional sums paid to that College: In 1793, $3,750; 1796, $10,000; 1797, $1,750 annually 
for 2 years. 



EDUCATIONAL LEGISLATION IN NEW YORK 151 

To be raised 215,908.58 

The lots in the MiUtary Tract 5,500 acres 
College of Physicians and Surgeons New York City: 

Raised by lottery and paid $20,000.00 

Raised by lottery and paid 9,011.59 

To be raised 33,588.41 

$1,500 per year for anatomical 

department transferred from 

Columbia and paid for 14 years 7,000.00 
College of Physicians and Surgeons of the Western District: 

Mortgages on Oneida lands 10,000.00 

1820-1824 $1,000 annually 5,000.00 

Hamilton College: 

Mortgages on Oneida lands 50,000.00 

Raised by lottery and paid 21,233.28 

To be paid 35,655.72 

Beginning with the next year, 1838, a part of the income of the 

United States Deposit Fund was regularly apportioned among some" of 

the institutions for higher education. Columbia and Union Colleges for 

which considerable appropriations had been made in earlier years did 

not share in this distribution. The chief beneficiaries, as the following 

table shows, were the University of the City of New York, Geneva 

and Hamilton Colleges and the various medical schools. 

1838 (Ch. 237) Geneva $6,000 a year for 5 yrs. and until 

otherwise directed by law 

Univ. of City of N. Y. 6,000 

Hamilton 3,000 

1841 (Ch. 221) Albany Medical College 5,000 a yr. for 3 yrs. 
1841 (Ch. 223) Geneva Medical College 5,000 a yr. for 3 yrs. 
1844 (Ch. 279) Albany Medical College 1,000 a yr. for 5 yrs. and until other- 
wise directed by law. 

Geneva Medical College 1,000 a yr. for 5 yrs. 

Univ. of City of N. Y. 3,900 a yr. for 5 yrs. 

1847 (Ch. 258) Univ. of City of N. Y. 2,000 a yr. for 2 yrs. (1847 and 1848) 

Albany Medical 1,000 a yr. for 2 yrs. 

Geneva Medical 1,000 a yr. for 2 yrs. 

Univ. of Buffalo Medical 1,000 a yr. for 2 yrs. 

Univ. of City of N. Y. 3,000 for 1 yr. (1847) 

Geneva College 3,000 for 1 yr. (1847) 

Hamilton 1,500 for 1 yr. (1847) 

1848 (Ch. 236) Geneva 3,000 a yr. for 2 yrs. (1848 and 1849) 

Univ. of City N. Y. 3,000 a yr. for 2 yrs. (1848 and 1849) 

Madison Univ. 3,000 a yr. for 2 yrs. (1848 and 1849) 

Hamilton 3,000 a yr. for 2 yrs. (1848 and 1849) 

St. John's Fordham 3,000 a yr. for 2 yrs. (1848 and 1849) 
(Ch. 7) Physicians & Surgeons N. Y. 5002i» 

18492" (Ch. 301) Physicians & Surgeons N.Y. 1,000 for 1849 

N. Y. Medical 1,000 for 1849 

Geneva Medical 1,000 for 1849 

21" This was not from the United States Deposit Fund, but was included in a bill 
making appropriation for the expenses of the government. 

2" A proviso was made that no money out of those sums be applied to theological 
departments. The state did not at any time give aid to schools for theological training. 
It did, however, give state aid to academies and elementary schools maintained by 
various religious sects. 



152 



EDUCATIONAL LEGISLATION IN NEW YORK 



Buffalo Medical 1,000 for 1849 

Univ. of City of N. Y. 2,500 from Aug. 1 

Geneva 2,500 from Aug. 1 

St. John's 2,500 from Aug. 1 

Madison 2,500 from Aug. 1 

Hamilton 2,500 from Aug. 1 



1849-Aug. 1, 1850 
1849-Aug. 1, 1850 
1849-Aug. 1, 1850 
1849-Aug. 1, 1850 
1849-Aug. 1, 1850 



CHAPTER VII 

Education of Special Classes 
Education of Indians 

The Indians most conspicuously associated with the early history 
of the State of New York were the Six Nations who were originally the 
proprietors of a large part of the state land. Of the tribes which com- 
prised these nations the Mohawks emigrated to Canada about 1776, 
and most of the Cayuagas followed in 1796, leaving behind the Oneidas, 
Onandagas, Senecas and Tuscaroras.^ 

Besides these tribes there were the St. Regis Indians, a branch of 
the Mohawks, in the northern part of the state, and the Shinnecock 
Indians on Long Island. In the years from 1785 to 1788 the Stock- 
bridge Indians came from Massachusetts under the leadership of their 
pastor, the Rev. John Sargent, and settled at New Stockbridge. A 
tract of land six miles square in Oneida and Madison Counties was 
given them by the Oneida Indians, a grant which was confirmed by the 
legislature in 1789.^ By this same act a grant previously made to the 
Brotherton^ Indians* was also confirmed and the name of Brothertown 
was given to their settlement. The Stockbridge and Brothertown 

^ A Report to the Secretary of War of the United States on Indian Affairs com- 
prising a narrative of a tour performed in the summer of 1820 under a commission 
from the President of the United States, Rev. Jedediah Morse. New Haven 1822, 
p. 76. 

2 Laws of N. Y., 1789, Chapter 32, Sec. 17. 

' Two spelhngs are found for this name. The Indians seem to have been called 
Brotherton Indians; their settlement, to have been called Brothertown. 

* These Indians were the remnants of various tribes from New Jersey, Long 
Island, Connecticut and Rhode Island. The act cited (1789, Ch. 32) speaks of them 
as "the New England Indians and their brethren consisting of the tribes called the 
Mohegan, Montauge, Stonington and Narraganset Indians and the Pequots of Groton 
and the Nehanticks of Farmington." Pomeroy Jones in Annals and Recollections 
of Oneida Co. (p. 890) says that they came from New Jersey and Long Island in 1768 
when the Governor and Commissioners of New Jersey purchased 30,000 acres of land 
for them from the Oneida Indians. A group of 192 came from Rhode Island and 
Connecticut in 1786 under an educated Mohegan, Rev. Samson Occum, according 
to F. B. Hough, U. S. Bureau of Ed. Special Rept. 1888. 



154 EDUCATIONAL LEGISLATION IN NEW YORK 

Indians, retreating again before the encroachments of civilization, 
emigrated between 1820 and 1830 to Green Bay, Wisconsin.^ The 
total Indian population in New York during the first half of the nine- 
teenth century ranged, according to report, from 3700 to 5000 persons,^ 
the number rising after peace was established but falling ofiP again after 
the Indians began to emigrate to the western lands. 

Only a few scattered references to the education of Indians are to be 
found in the early legislation of New York. Most of these occur between 
1790 and 1810. No definite action to bring the Indians under the in- 
fluence of the state system of schools was taken until 1846. Of the 
early acts, only one made an outright appropriation of money. The 
others directed that a certain portion of the annuities paid by the state 
in return for land surrendered by the Indians be used for the support of 
schools or gave permission for the leasing or sale of lands for the same 
purpose. 

By an act of 179P the Indians of Brothertown and New Stockbridge 
were given the right to elect three trustees who should apportion land 
for separate improvement among the Indian families and also, with the 
consent of the Mayor of Albany, lease land to the amount of 640 acres 
and apply the rents to the maintenance of a minister and a free school 
for the instruction of the Indians. This act was repealed in the following 
year, so far as it related to the Stockbridge Indians.^ No records have 
been found to indicate that the contemplated action in the interests of 
education among the Brotherton Indians was taken. Some land 
disputes having arisen in connection with the leasing of certain lands 
which were granted to the Brotherton Indians in 1789,^ commissioners 
were appointed to settle such disputes, to sell certain lands previously 
leased and to invest the proceeds in the funds of the United States ap- 
propriating "so much of the interest as may be necessary . . . an- 
nually ... for maintaining a school in Brothertown for the education 

Donaldson, The Six 



"Ass. Doc. 


1846, No. 158. 




' Bureau of 


the Census. Extra Census Bull. 1892, 


by Do 


Nations of N. Y, 


., gives the following table. 




1796 


(J. Morse) 


3748 


1819 


(N. Y. Legislature) 


4538 


1825 


(U. S. Sec. of War) 


5061 


1845 


(U. S. Indian Office) 


3884 


1855 


(New York State Census) 


3774 


'Laws of N. 


Y., 1791, Ch. 13. 




^Ibid., 1792, 


Ch. 73. 




»v. p. 153., 


note 2. 





EDUCATIONAL LEGISLATION IN NEW YORK 155 

of Indian Children. "^° An act of the next year" relates that from the 
land thus sold a net amount of £14,405 6s 8d was realized and author- 
izes the treasurer of the state to pay annually £864 6s 4d being the 
interest at six per cent on the said amount, " to the Governor who shall 
apply as much as is necessary to the erecting and maintaining of a school 
in Brothertown and the rest to the benefit of these Indians as he shall 
thinjj^proper. " 

y^The. annual interest due the Brothertown Indians is stated, in an 
act of 1801, as $2160.79 of which amount the Governor is again directed 
to expend "as much as he deems necessary," in maintaining a school for 
the education of Indian Children. ^^ Evidently there was a schoolhouse 
in the settlement at this time for by the same act any Indian living near 
the schoolhouse was authorized to sell to the Peacemakers of the tribe 
not more than twenty-five acres for the "use and accommodation of the 
master of the school. " In 1806 these Indians petitioned to be allowed 
to lease, buy or set apart from their undivided lands a sufficient lot for 
the erection of a house of public worship and other buildings necessary 
for the education of their children. The petition was granted and fur- 
ther, the Governor was instructed "to defray the expenses of the edu- 
cation and if necessary the support of the said children" out of the 
annuity due the tribe.^^ The revised statutes of 1813 state that in case 
such action shall be taken the Governor may also pay the cost of erecting 
a building." Whatever attempts may have been made to educate and 
civilize these Indians seem to have been unavailing for in 1818 the Rev. 
Mr. Sargent reported that they had become "perhaps more corrupt than 
any other Indians in the country. "^^ As has been said, they emigrated 
to the west about 1823 and do not appear again in the New York records. 
The Stockbridge Indians petitioned in 1804 for the right to lease 
1000 acres of their land for the purpose of a school or schools. The 
petition was granted, and the rent was fixed at the rate of "30 bushels 
of good merchantable wheat, at the market price in Albany,^^ to every 
hundred so to be leased." The income was to be paid to the state 

" Laws of N. Y., 1795, Ch. 41. This was the year of the passing of the first law 
for the establishment of common schools. 

^^Ibid., 1796, Ch. 22. 

^■"Ibid., 1801, Ch. 147, Sec. 8. 

^Ubid., 1806, Ch. 161. 

^'Ibid., 1813, Ch. 98. 

'^ Jones, Annals and Recollections of Oneida Co. p. 893. 

'° The price was afterward permanently fixed at $1.00 a bushel. Laws of N. Y., 
1804, Ch. 41. 



156 EDUCATIONAL LEGISLATION IN NEW YORK 

treasurer who was authorized to pay *'to the schoolmasters such sums 
as shall be certified by the Peacemakers of New Stockbridge and their 
missionary, if any they shall have, to be due such schoolmasters for their 
services in instructing Indian children. "^'^ There was evidently difficul- 
ty in collecting this rent for in 1810 the state treasurer was directed 
to pay the given sum to the Indians from an unappropriated money in 
the treasury, even if the rent had not been collected.^^ In 1806, 
they were given permission to make "such further provision as they 
shall judge necessary for the better education of the Indian children 
of New Stockbridge."^^ It seems likely, in the absence of further data, 
that their school fund dates from these two acts. A legislative report 
of 1848 records that they had a gospel and school fund of $6000 at the 
time of their migration to Wisconsin all of which was spent in establishing 
new homes. The state was urged to remedy certain injustices done in 
the sale of Indian land and appropriate enough money so that they could 
create a new schooFfund of equal amount.^'' The legislature accordingly 
appropriated $10,000 of which $6000 was to be invested and the interest 
at 6% to be paid annually to the chiefs of the tribe for "the support of 
schools and their moral and religious education. "^^ An additional 
$30,000 was appropriated in 1850 on which interest at 6% was to be 
paid annually to the tribe to be expended in promoting the Christian 
religion, general education, agriculture and other mechanic arts . . , 
and in promoting the general welfare of their tribe and nation. "^>^ 

An act for the better support of the Oneida, Onondaga and Cayuga 
Indians" in 1795^^ provided that "a part" of the annuities guaranteed 
to these Indians from the sale of their lands be appropriated by the 
Governor "for the maintenance of the pubHc school in each tribe." 
The amount of the money to be thus spent is not specified but some 
money must have been expended for in 1800 the Oneidas complained 
that a part of their tribe received no benefit from the money because 
of their remoteness from Oneida Castleton and the Governor was author- 
ized to see that the money was fairly distributed.^^ A comprehensive 

" Laws of N. Y., 1804, Ch. 7. 

^Ubid., 1810, Ch. 152. 

^UUd., 1806, Ch. 161. 

2»Ass. Doc. 1848, No. 158. 

21 Laws of N. Y., 1848, Ch. 208. 

22 Ibid., 1850, Ch. 37. 

~ 23 iiii^^ 1795^ Ch. 70, Sec. 3. 
24/&i(i., 1800, Ch. 101. 



EDUCATIONAL LEGISLATION IN NEW YORK 157 

act "relative to Indians," of the year 1801-^ continued the arrangement 
previously made providing that such part of the annuities due to Oneida, 
Onondaga, and Cayuga Indians as the Governor should direct be "ap- 
propriated to the support of the public school, if any, instituted within 
the limits assigned to the said tribes." 

An act of 1802^^ gave the St. Regis Indians permission to appoint 
three men as trustees of the tribe with power to lease the ferry over the 
St. Regis river and one mile square of land adjoining for a term of not 
more than ten years and to apply the rents "for the support of a school 

for the instruction of the children of the said tribe and for 

such other purposes as the trustees shall judge most conducive to the 
interests of the tribe." 
„„- — The one act which appropriated money was passed in the interest 
of the Seneca and Tuscarora Indains in 1802" and directed that $1500 
be appropriated out of which one house, called the church and school 
house, was to be erected in each of the villages of the Tuscarora and 
Seneca Indians. No record has been found to show whether the money 
was used as directed^ 

The school act of 1812 made no reference to Indians except to stipu- 
late that in the district enumeration of children by the trustees "Indian 
children otherwise provided for" should not be counted.^^ This ap- 
parently did not debar from the schools isolated Indians outside of the 
reservations, for in 1846 an act was passed stating that trustees should 
not enumerate Indian children between the ages of five and sixteen 
residing in their districts unless they had attended schools at least three 
months during the year preceding the date of the report.^^ It is obvious 
that the state was not very active in furthering Indian education but 
owing to a scarcity of records it is difificult to form a correct estimate of 
what was actually done. With no exact requirements and the decision 
left to the Governor as to the amount to be expended it is not likely that 
the support was lavish. Fortunately the Indians were not wholly 
dependent on the state for instruction. 

In the early eighteenth century the agents of the society for the 
Propagation of the Gospel in Foreign Parts attempted to combine some 

^Ibid., 1801, Ch. 147, Sec. 8. 
2« Ibid., 1802, Ch 58. 
^■'lUd., 1802, Ch. 58. 

-^Ihid., 1812, Ch. 242, Sec. 17 This clause remained in the successive revisions 
of the law including the revision of 1846. 
■^Ubid., 1846, Ch. 45, Sec. 1. 



158 EDUCATIONAL LEGISLATION IN NEW YORK 

instruction in reading and writing with their religious teaching but the 
reports indicate that the savages did not respond readily to the over- 
tures made.^^ The Rev. Samuel Kirkland began his labors among the 
Oneidas in 1766.^^ He continued for many years with this tribe and 
after the Revolution prepared a scheme of education which contemplated 
a high school and primary schools for instruction in reading and writing 
in the English and Oneida languages and rudiments of arithmetic. The 
high school was intended for whites and Indians and was incorporated 
in 1783 as Hamilton-Oneida Academy.^^ 

The New York Missionary Society estabHshed a mission on the 
Cattaraugus^^ reservation in 1801 which was transferred to the American 
Board of Foreign Missions in 1826. This Society supported for some 
years a girls' boarding school. The first frame school house was built 
in 1831.^^ The Society of Friends interested themselves in the New 
York Indians shortly after the Revolution. The first record of their 
schools is in connection with the name of Joseph Elkinton who went to 
live among the Senecas in 1816 and remained for sixteen years. During 
this time he is said to have been "engaged in teaching and in super- 
tending schools taught by others. "^^ At some unnamed date, Ebenezer 
Worth is said to have directed three schools on the Allegany reservation 
with sixty children in attendance.^® 

The Rev. Jedediah Morse reported in 1822^'' that the population of 
the Six Nations was at that time 4575, that they dwelt on fourteen 
reservations scattered through the state and that their scattered situa- 
tion rendered the task of adequately educating them on the available 
funds extremely difficult. He further reported that the Stockbridge 
Indians had had schools for several generations supported in part by the 
Society in Scotland for Propagating the Gospel, in part by the Cor- 

^° U. S. Bureau of Education, Special Report 1888. Fletcher, A. C. Indian Edu 
cation and Civilization, p. 86. 

^^ Ibid., p. 89. The Indians converted by Mr. Kirkland were called the "First 
Christian Party of the Oneida Nation." Another group converted later by Mr. Elea- 
zer WilHams was called the "Second Christian Party." Pomeroy Jones, Annals and 
Records of Oneida. 

^^ Ibid., p. 89-90. See also Sparks J., Library of American Biography, Life of 
Samuel Kirkland. Second Series, Vol. XV, pp. 340-346. 

^This was a reservation of the Senecas. 

'^Fletcher: Indian Ed. and Civ. p. 561, note 2. 

^'Buffalo Hist. Soc. Proc. for 1914, Vol. 18, p. 181. The Quaker Missions. 

^'Ibid., p. 184. 

" Rept. to the Sec. of War, by the Rev. Jedediah Morse, 1822, p. 77-87. 



EDUCATIONAL LEGISLATION IN NEW YORK 



159 



poration of Harvard College and in part by the American Society for 
Propagating the Gospel. "Most of them understand the English 
language," he wrote, "numbers can read and write it and several are 
able to instruct others." Schools under the charge of missionaries 
were also reported among the Tuscaroras, the Onondagas and Senecas. 
Mr. Young, the instructor among the Senecas is quoted as reporting 
a usual attendance of forty-five children through the winter. His wife 
had also established a school for female adults "in domestic branches 
of knitting, spinning, sewing and marking," which was attended by 
fifteen or twenty women. In a tabulated statement of Indian Schools 
in the country Mr. Morse mentions only the following five in New York 
State :»8 



NAME 
OF TRIBE 


WHERE 
LOCATED 


WHEN 
COM- 
MENCED 


BY WHOM 

FOUNDED AND 

SUPPORTED 


NUMBER 

OF 
SCHOLARS 


ALLOWANCE 

FROM U. S. 

GOV. 


REMARKS 


Oneidas 


Oneida 

N. Y. 


Dec. 
1820 


Hamilton 

Baptist 

Society, 

N. Y.39 


40-50 




These Indians 
have had mis- 
sionaries 
among them 
for many yrs. 


Stock- 
bridge 


New 
Stock- 
bridge 


Many 
years 
ago 


Society 
in Scotland 
& Soc. for 
prop, the Gos- 
pel & Harvard 
College 


Two 
Schools 






Senecas 

and 

Onondagas 


Buffalo 


Sept. 
1819 


N. Y. Miss. 
Soc. _& United 
Foreign Miss. 
Soc. 


40-50 


$350 


Lancastrian 
Mode of in- 
struction is 
used 


Onondagas 


Ononda- 
ga Hol- 
low 


1820 


Mary 
Doxtater" 


a few 






Tuscarora 


Lewiston, 

N. Y. 


1819 


United For. 
Miss. Society 


45-50 


$350 





^Ubid., p. 392-396. 

^^ A patent was issued to this Society in 1821 (Ch. 138) in consideration of money 
paid for a certain lot in Oneida Castleton to be used for building a dwelling for a teacher 
for the Oneida Indians. 

*" Mary Doxtator was an Indian woman who had been educated in Philadelphia. 
Having married and been left a widow she opened a school at Oneida where she taught 
Indian women to weave and spin, and a similar one among the Onondagas. J. V. H. 
Clark, Onondaga, Vol. II, p. 240. 



160 EDUCATIONAL LEGISLATION IN NEW YORK 

From the absence of data it would seem as if both missionary and 
state endeavor were at a low ebb between 1820 and 1846. An act was 
piassed in 1831^^ for the relief of the Shinnecock Indians directing that 
$180 be paid annually for three years to the commissioners of Southampton 
to be expended in paying the wages of a competent teacher to instruct 
the children belonging to this tribe, but the appropriation was not con- 
tinued at the expiration of the three years.^^ An attempt was made to 
naake some provision for common schools among the Onondaga Indians 
ill 1841'*^ when the commissioners of any town in which such Indians 
resided were directed to set off the territory occupied by them into a 
separate school district, to appoint three chiefs as trustees to whom the 
state was directed to pay $50 annually for the payment of teachers' 
vrages. 

A share in the proceeds of the common school fund was accorded the 
Indians in 1846^ by the passage of an act providing that "the town 
superintendent of any town in which a school for the instruction of 
Indian children in the elementary branches of education shall have been 
maintained under the charge of a competent teacher, for at least four 
months during the preceding year" should pay to the teachers of such 
schools their due proportion of the public money in proportion to the 
number of children instructed for an average period of three months. 
This act was repealed in 1847*^ its provisions apparently being considered 
unnecessary after the passage of a bill making appropriations from the 
United States Deposit fund for the benefit of schools on Indian reser- 
vations.^^ 

This latter bill included provisions for the Onondagas, the Indians 
of the Cattaraugus and Allegany reservations^'^ and for the St. Regis 
Indians. The following sums were appropriated: $300 for erecting and 
furnishing a school house on-the Onondaga reservation and $250 annual- 
ly for five years for the payment of a teacher and other expenses; $300 
for building and furnishing a school on the Cattaraugus reservation and 
$350 annually for five years for support; a like sum for a building on the 
Allegany reservation with $300 annually for five years for support; 
for a building on the St. Regis reservation and $200 a year for five 

« Laws of N. Y., 1831, Ch. 164. 

*- It was revived in 1848 see p. 162 note 54. 

« Laws of N. Y., 1841, Ch. 234, Sec. 10. 

^^Ibid., 1846, Ch. 45. 

^Ibid., 1847, Ch. 208. 

*'^Ibid., 1846, Ch. 114. 

" These were chiefly Seneca Indians. 



EDUCATIONAL LEGISLATION IN NEW YORK 161 

years for support. These sums were payable only on the filing of bonds 
by agents of the said reservations or by men appointed for this duty, with 
satisfactory sureties approved by the state superintendent and the filing 
of all receipts and expenditures by the said agents. It was also required 
that before any annual payment be made, except in the case of the 
Onondaga Indians,''^ evidence should be presented that school had been 
kept in the said school houses for at least six months of the preceding 
year. In the case of the Allegany and St. Regis Indians it was further 
required that twenty per cent of the amount appropriated for support 
be paid by the Indians on the reservation to the agent in charge before 
any money could be expended. 

The agents of the Onondaga and St. Regis Indians gave the required 
bond and buildings were erected and schools opened on these two reser- 
vations before 1847.^^ In this year $75 more was appropriated for 
finishing the schoolhouse of the St. Regis Indians and their annual 
appropriation changed to $300 yearly for the years 1847 and 1848. 
One hundred dollars a year for 1847 and 1848 were also appropriated 
for the education of the children of the Oneida Indians.^" The com- 
missioners of the Cattaraugus and Allegany Indians did not produce the 
required bond in 1846 and the next year the sections of the previous law 
applying to these two reservations were repealed and a new act passed 
appropriating $300 to each for buildings provided the chiefs raised 
twenty per cent of the amount but making no allowance for teachers 
wages.^^ 

The Superintendent's report for 1848*^ gives the following information 
showing that there was a response from all the reservations. A school 
was taught among the Onondaga Indians without interruption during 
the year (1847) with an average attendance of eighteen and the teacher 
was paid $250 plus the sums apportioned by the superintendents of 
Onondaga and Lafayette counties out of the school monies.^^ A school 
for nine months with an average attendance of fifty was reported in 
St. Regis and two schools during the summer in the Cattaraugus and 

*8 A school had been opened in this reservation in 1845 taught by Miss Mary- 
Hitchcock. J. V. H. Clark, Onondaga, p. 243. 

" Rept. Supt. of Com. Schs. in Ass. Doc. 1847, No. 10, pp. 50-52. 

'"Laws of N. Y., 1847, Ch. 208. 

"/6«/., 1847, Ch. 238. 

"Ass. Doc. 1848, No. 5, pp. 51-53. 

" This was under the provision of the Act of 1846, Ch. 45. No further money 
could come from this source after the repeal in 1847. (Ch. 208). 



162 EDUCATIONAL LEGISLATION IN NEW YORK 

Allegany reservations where the total number of pupils was seventy-five. 
Arrangements had been made before the completion of the report (Dec. 
31, 1847) that the schoolhouse on the Cattaraugus reservation for which 
the chiefs had raised an additional $300 should be completed by Dec. 1 
1847 and that the one on the Allegany reservation should be completed 
by June 1848. It was further reported that there was one missionary 
school on the Allegany reservation and another supported by Friends 
and that on the Cattaraugus reservation there were two missionary 
schools and one, "principally for females," supported by Friends. The 
sum of $240 was appropriated for the Shinnecock Indians in 1848,®^ 
to be paid in three equal annual installments. 

The Superintendent's report of 1849 shows that schools were being 
conducted on all five reservations.^^ The attendance reported was: 
average attendance, Onondaga, 61, St. Regis, 50 Shinnecock 40; whole 
number taught, Cattaraugus 229, and Allegany 110. Reading, writing, 
spelling, vocal music, drawing and geography are the subjects reported 
as taught. 

A special report of 1850^^ states that 150 of St. Regis Indians died 
in 1848 from smallpox and cholera and that the tribe was unable to meet 
the required payment of twenty per cent of the amount appropriated for 
their schools. This requirement was therefore repealed and $300 was 
appropriated to them for the years 1849 and 1850." The privileges of 
the State Normal School were extended to the Indians in 1850^^ when 
$1000 per year was appropriated for the support and education of ten 
Indian youths over sixteen years of age at the Normal School. Not 
more than $100 was to be given to any pupil nor was one pupil to remain 
more than three years. This provision was made in the hope that 
Indians might be educated to teach on their own reservations. The 
appropriations for the various reservations were kept up until a law was 
passed in 1856 charging the Superintendent of Public Instruction with 
the duty of providing means for the education of all the Indian children 
in the State.^^ 

"Laws of N. Y., 1848, Ch. 39. 
65Rept. of Supt. 1849, p. 13. 
6«Ass. Doc. 1850, No. 27. 
"Laws of N. Y., 1850, Ch. 51. 

68 Ibid., 1850, Ch. 89. 

69 Ihid., 1856, Ch. 71. 



EDUCATIONAL LEGISLATION IN NEW YORK 163 

Education oj the Deaf 

The New York Institute for the Deaf and Dumb was incorporated 
in 1817.^" It was a private enterprise, founded, according to its charter, 
"for the purpose of affording the necessary means of instructing the deaf 
and dumb and also to provide for the support and maintenance of those 
in that condition whose parents are unable to maintain them during their 
course of study." Because of lack of a competent teacher and of ade- 
quate funds the school was not opened until May 12, 1818 when the Rev. 
A. 0. Stansbury assumed direction of the instruction of four deaf children. 
The corporation of the City of New York gave the school $500, assumed 
the expense of ten indigent day pupils and granted the use of rooms in 
the old almshouse. By December 1818 the number of pupils had in- 
creased to thrity-two and the trustees had sent to England for a more 
skilled teacher.^^ Up to this time the school had been supported by 
private benevolence except for $400 annually from the City of New 
York.'^^ The directors now appealed to the legislature for aid on the 
ground that only thus could the benefits of the institution be extended 
to the deaf children of the whole state, who were estimated to number 
over five hundred. The legislature granted $10,000 stipulating that 
the money should not be used for building or for the purchase of land.®' 
One-half of the money collected from licenses to lottery dealers was also 
assigned to the school.®^ Another appeal for state aid resulted inia 
grant of $2500 in 1821.^5 

The next year the legislature yielded to the demand for a more regu- 
lar form of support and adopted the policy of supporting a fixed number 
of indigent pupils yearly at the school.^® This bill provided that poor 
children between the ages of ten and twenty five to the number of four 

"Laws of N. Y., 1817, Ch. 264. The charter was issued for twenty years and 
was renewed in 1836 (Ch. 228) and thereafter as necessary. 

"Ass. Doc. 1844, v. 1, p. 26. Annual Rept. of the Institute. This document 
related the details of circiunstances leading to the founding of the school and gives 
a brief history of its progress to 1844. 

"- Senate Journal 1828, App. D. Rept. of Supt. Flagg. 

" Laws of New York, 1819, Ch. 238. 

«^ Ibid., 1819, Ch. 206, Sec. 10. The above mentioned report (v. Note 61) states 
that the school received "a considerable income" from this source for 14 years. It 
then became void owing to constitutional restrictions against lotteries. 

^Ibid., 1821, Ch. 260. 

w Ibid., 1822, Ch. 234. 



164 EDUCATIONAL LEGISLATION IN NEW YORK 

from each of the eight senate districts^'' might be admitted free of 
expense for a term of not more than three years provided their parents 
were unable to pay for them. These children were called state pupils. 
Application was to be made through the overseers of the poor^^ who 
certified to the poverty of the family and arranged that if possible the 
family should bear a part of the expense. One hundred and fifty dollars 
were to be paid by the State for the board, lodging and tuition of each 
pupil. The act further provided that if there were other such indigent 
pupils who ought to be educated, the county supervisors might levy a 
tax, not to exceed $150 for every member of the assembly to which the 
country was entitled, the said tax to be collected in the same way as 
the school tax and expended for the education of such pupils. This 
act was limited to four years but was regularly extended, with its amend- 
ments and alterations, as the term of its provisions expired.^^ 

Various modifications were made in the details of the bill in successive 
years. The number of pupils was increased from time to time until 
twenty were admitted from each of the eight senate districts.^'' The 
term of instruction allowed to each pupil was increased finally to seven 
years. '^^ The money allowed by the state for each pupil was reduced in 
1830 to $130.''^ The age of admission was raised to twelve years in 

*' If when a vacancy occurred in a given district no pupil applied for admission 
from that district it was permissible to fill the vacancy from any other district, (Laws 
of N. Y., 1825, Ch. 166.) but only for the remainder of the year. {Ibid., 1827, Ch. 97.) 
^5 After 1832, (Ch. 223) the overseers of the poor of each town were required 
to furnish the Supt. of Common Schools with a list of the deaf and dumb in the town 
from which list the Superintendent was required to fill without delay any vacancies 
occurring. 

«8 /&R, 1825, Ch. 166. 1830, Ch. 170. 1836, Ch. 511. 1841, Ch. 163. 1845, 
Ch. 14. 

''^lUd., 1830, Ch. 170, No. increased to a total of 56. 
1833, Ch. 109, No. increased to a total of 96. 
1836, Ch. 228, No. increased to a total of 120. 
1840, Ch. 174, No. increased to a total of 128. 
1845, Ch. 14, No. increased to a total of 160. 
'^ Ihid., 1825, Ch. 166, term increased to four years. 
Ihid., 1827 Ch. 97. The directors were permitted to retain-not more than 8 
pupils at a time for two years beyond the usual time. 
Ibid., 1830, Ch. 170, term extended to 5 years. 

Ibid., 1838, Ch. 244, term extended to 7 years for any pupil with the consent 
of the Supt. of Common Schools. 

''^Ibid., 1830, Ch. 170. This same bill made the institution eUgible to a share 
in the Uterature fimd. This probably accoimts for the reduction. 



EDUCATIONAL LEGISLATION IN NEW YORK 165 

1838.''^ The supervisors of any county were required to raise a sum not 
exceeding twenty dollars a year for clothing for pupils from that county 
whose parents were unable to furnish proper clothing. But it would 
seem that this law was not enforced, for in 1848^^ the legislature ap- 
propriated $5200 to repay the Institution for clothing furnished to state 
pupils. 

The school soon outgrew the accommodations in the old almshouse, 
given by the city and in 1827 the directors succeeded in getting an 
appropriation of $10,000 for purchasing land and erecting buildings 
and workshops on condition that they raise $15,000 in addition.''^ The 
new buildings were ready for occupancy in 1829 but as usual they cost 
much more than was expected and the debt incurred was not wiped out 
until the legislature appropriated $15,000 in 1849 to pay a mortgage 
remaining on the property. ^^ Meanwhile the school had been made 
elegible to its proportionate share of the income from the literature fund,^'' 
and had also been granted an annual appropriation of $5000 in lieu of 
the previous income from lottery licenses. ^^ By the year 1850 the school 
was receiving annually from the state $20,800 for one hundred and sixty 
state pupils, $5000 for general expenses, and varying sums from the 
literature fund.''^ 

The Central Society for the Instruction of the Deaf and Dumb 
was incorporated in 1823^^ with permission to open a school at Canajo- 
harie similar to the New York Institute. The legislature appropriated 
$1,000 of which $300 was to be used for erecting a building and the 
rest for the support of the indigent deaf and dumb. As in the New 
York Institute at this time the age limit was from nine to twenty-five 
years and the term of instruction three years. No regulations were 
made as to the number of state pupils to be received until 1825 when 
the hmit was set at two pupils*' from each senate district at a yearly 
expense of $80 per pupil.*'^ The same act provided that a sum equal 
to^^the debts of the Central Asylum should be paid to the directors out 

" IbU., 1838, Ch 244. 

->' Ibid., 1848, Ch. 316. 

" Ibid., 1827, Ch. 97. 

" Ibid., 1849, Ch. 29. 

" Ibid., 1830, Ch. 170. 

"/&R, 1834, Ch. 67. See Note 64 above. 

"• In 1845 the Treasurer reported $1908.94 from the regents; in 1851 only $537.69. 

soLaws of N. Y., 1823, Ch. 189. 

*^Ibid., 1825, Ch. 166. 

^'The number was mcreased to three in 1830 (Ch. 170). 



166 EDUCATIONAL LEGISLATION IN NEW YORK 

of the treasury of the state provided the said debts did not exceed 
This institution apparently did not justify itself, for in 1836 provision 
was made for transferring the pupils there to the New York institution 
and for selling the property to pay its debts. ^^ 

Beginning with four deaf children, the number of pupils at the New 
York institution had increased to fifty-six in January 1820. This was 
about the average for the next ten years.^^ By 1845 the number had 
increased to two hundred.^^ The report for the year 1850 shows a 
total of 227 pupils of whom 160 were state pupils, 16 supported by the 
City of New York, 13 by the State of New Jersey, 13 by the Institution, 
24 by friends and one by the Commissioner of Immigration. The 
state census of 1845 shows a total of 336 deaf and dumb children in 
the State under twelve and 573 between the ages of twelve and twenty- 
five. The parents of 487 of these are reported as unable to provide 
for their education. 

From the beginning the manual alphabet was used but there was 
also an effort to teach articulation. It seems never to have met with 
any success except with pupils who had lost their hearing after having 
learned to speak. Many of the reports speak skeptically of the value 
of attempting to teach the deaf to articulate and the report of 1844, 
at the close of the first quarter century of the school, says, "The success 
attained in this attempt in which much valuable time was wasted . . . 
was very unsatisfactory. . . . After a patient trial the experiment 
was by general consent abandoned. "^'^ It is not difficult to see at 
least one reason for the failure of the oral method since children were 
not admitted until they were twelve and many evidently stayed only 
one or two years.^'^ During the early years the school seems to have 
labored under the disadvantage of poor teaching and not to have at- 
tained as great success as other similar institutions. In 1827^^ it was 
made subject to the supervision and inspection of the superintendent 
of common schools who was also directed to visit schools for the deaf 

83 Laws of N. Y., 1836, Ch. 511. 

8^ Annual Report 1844. The highest number during this period was 68, the lowest 
50. 

86 An. Rept. 1845. 

86 Ass. Doc. V. 1, No. 21. Rept. of 1844. The report of 1846 also says "The 
attempt to restore speech to the deaf has never been successful. " 

87 Several of the annual reports refer to the difficulty of persuading the parents 
of these children to keep them in the school long enough to accompUsh any really 
valuable results. There are occasional suggestions of compulsory education. 

88 Laws of N. Y., 1827, Ch. 9 . 



EDUCATIONAL LEGISLATION IN NEW YORK 167 

and report whether any improvements could be made. In April 1828 
Supt. Flagg presented a report to the legislature,^^ in which he indicated 
that the institutions at Hartford and Philadelphia were both conducted 
more efficiently and recommended especially the employment of in- 
structors better trained in methods of teaching the deaf. The annual 
report of 1844 before referred to, suggests that there had been jealousy 
rather than co-operation between the teachers of the New York in- 
stitution, and those in the other cities. ''Our first teachers," it states, 
"seem to have prided themselves on relying on their own resources 
aided only by the few works of European masters which they could 
obtain. Hence while their success was in many instances admitted 
to be respectable it was very generally estimated to fall short of what it 
might have been. ..." In 1831 a former teacher at Hartford, 
Mr. Peet, was made superintendent under whom there seems to have 
been an immediate improvement. 

The teaching of trades along with the common school branches 
was early made a part of the regular school work. The appropriation 
of $10,000 in 1827 was made to build "an asylum and workshops for 
the deaf and dumb. " A report of 1849 states that each pupil was re- 
quired to spend three or four hours a day in manual employment.^" 
Bookbinding, cabinet making, shoemaking, tailoring, and gardening 
were the trades taught. Except from the bookbinding department 
the articles manufactured were chiefly for the consumption of the in- 
stitution,^^ and the output was not expected to much more than balance 
the expenses. ^^ An apologetic tone is adopted toward the workshops 
in some of the reports as if the directors felt that they needed to justify 
themselves for introducing trades into a school. ^^ 

The annual report of 1843 shows that there were seven classes or 
grades in the school. The highest class, made up of pupils who had been 
under instruction from four to seven years, studied the following sub- 

83 Senate Journal, 1828, App. D. This report includes one by Charles Dilling- 
ham, formerly associated with the schools at Hartford and Philadelphia. While 
both reports are cautiously stated it is evident that both men believed that the New 
York school was inferior to the others. 

90 An. Kept. 1849, p. 10. 

" An. Rept. 1848, p. 47. 

« An. Rept. 1847, p. 13. The An. Rept. of 1839 states "So many of the pupils 
are mere children that the department of labor can never be a source of revenue." 

°»The report of 1847 (p. 28) says that the pupils are thus enabled "to acquire 
in fragments of time otherwise thrown away means of securing comfort, independence 
and usefulness." 



168 EDUCATIONAL LEGISLATION IN NEW YORK 

jects: 1. Class Book of Nature, 2. Arithmetic, a review of fundamental 
rules and learning tables of weights and measures. 3. History and 
geography embracing the discovery and early settlement of this country 
and portions of the war of the revolution, 4. Facts concerning federal 
and state government, 5. Definition of words, 6. Composition, 7. Pen- 
manship, 8. Bible, 9. Drawing. 

Education of the Blind 

The New York Institution for the Blind was incorporated in 1831.^* 
In 1834^^ it was authorized to receive four state pupils from each senate 
district, for a term of five years under the same arrangements as the 
state pupils were received in the Institution for the Deaf. It was provided 
that besides their literary education they should be instructed in some 
trade or employment. The number of pupils from each district 
was increased to eight in 1836^^ and to sixteen in 1839.^^ The age 
limits were made eight to twenty-five years, ^^ and the directors were 
allowed to keep one or more pupils two additional years with the consent 
of the Superintendent of Common Schools under whose supervision 
the school was placed.^^ The following appropriations were made 
for the Institute for the Blind between the years 1836 and 1850:^°° 
1836 $12,000 for purchasing the premises occupied, and erecting a workshop, 

and repairing buildings; provided $8,000 be raised by the directors. 
1839 $15,000 to be paid in three annual installments for labor and materials to 

complete said building, on condition that the directors raise $10,000. 
1841 $10,000 for building a wing and for various purposes and for stone from the 

state's prison to the amount of $5,000, all on condition that the directors 

raise $7,000. 
1845 $5,000 annually for 5 years. 
1848 $15,000 for the erection of dormitories, workshops and other buildings for 

the adult blind, provided this amount be sufficient to complete the work. 

In addition to the aid given by the state the commissioners of the 
common school fund of the City of New York were directed to pay 
annually to the directors of the school a rateable proportion of the 
school fund without regard to the age of the pupil. The school was 
under the supervision of the city school inspectors.^"^ 

8* Laws of N. Y., 1831, Ch. 214. 

» Ibid., 1834, Ch. 316. 

<» Ibid., 1836, Ch. 226. 

" Ibid., 1839, Ch. 200. 

«8 76«/., 1836, Ch. 226. 

" Ibid., 1839, Ch. 200. 

"" Ibid., 1836, Ch. 226; 1839 Ch. 200; 1841, Ch. 175; 1845, Ch. 58; 1848, Ch. 193. 

"1 Ibid., 1839, Ch. 200. 



EDUCATIONAL LEGISLATION IN NEW YORK 169 

The school day in the Institute for the Blind ran from nine to twelve 
and from one to four. The school was divided into two divisions which 
alternated in the shops and school room, each division spending half 
the day in studies and half in music and manufacturing. The in- 
dustries reported as taught in 1843 were box and paste-board manu- 
facturing, willow work and weaving. At this time there were thirty- 
eight boys in the institution and thirty girls. The curriculum in the 
boys' school embraced astronomy, geography, arithmetic, grammar, 
natural philosophy, geometry, the New Testament, spelling, reading, 
writing and algebra. The girls were not employed in the shops but 
were kept busy at sewing and knitting during both sessions while re- 
ceiving instruction. Their curriculum was limited to spelling, reading, 
writing, arithmetic, geography, grammar and astronomy.^"^ 

Orphan Asylum Schools 

The care and education of orphans and half orphans early enlisted 
the sympathy of benevolent people in New York City. Before 1820 the 
schools established in connection with orphan asylums in this city had 
been recognized as proper beneficiaries of school funds^'^^. Between 
1835 and 1850, ten orphan asylums were chartered in other rapidly 
growing cities.^"^ In every case the charter contained a clause stating 
that the trustees might bind out such children as were surrendered to 
their charge but that provision must be made in such cases for "securing 
an education proper and fitting for the condition and circumstances in 
life of such child. "^°* There seems to have been no legal obligation on 
the orphan asylums to educate the children under their care but this 
was in most cases one of their avowed objects. Some public instruction 
in orphan asylums was provided in 1847 by the appropriation of $3000 
annually from the income of the United States deposit fund to be distrib- 

"2 An. Rept. 1843, Ass. Doc, Vol. 4, No. 88. 

"3 See Chap. V. pp. 86 and 94 for the orphan asylums of New York. 

iMTroy 1835; Buffalo 1837; Utica 1837 (Orphan Asylum of St. John's Church); 
Brooklyn 1837; Rochester 1838; (Roman Catholic Orphan Asylum); Syracuse 1845; 
Hudson 1846; Albany 1849 (St. Vincent Orphan Asylum). 

i<* This was in accord with other laws relative to binding out children. In 1788 
(Ch. 62) it was enacted that the Overseers of the Poor when binding out poor children 
should insert a clause that "every master and mistress to whom such child shall be 
bound . . . shall see that the child be taught ... to read and write. " In 1801 
(Ch. 11) it was further enacted that "in all indentures and contracts such a clause be 
inserted and that a new Bible should be given to each child on the expiration of his 
contract. 



170 EDUCATIONAL LEGISLATION IN NEW YORK 

uted among the several incorporated orphan asylums in proportion 
to the number of inmates between the ages of three and twelve years 
on the presentation of a certificate by the proper officers stating that a 
school had been taught for four months by a quahfied teacher, that the 
children were destitute and of the required age and that they had been 
taught, "reading, writing, arithmetic, or the plain rudiments of a common 
Enghsh education. "^°^ In 1850 the schools of the various orphan 
asylums, except in the city of New York^"^^ were made eligible to a pro- 
portionate share in the distribution of school money under the same 
conditions as the common schools of their respective cities or districts. ^"^ 

Education of Paupers 

It was not until 1831 that any requirements were made for the 
education of paupers. The superintendents of county poorhouses 
were then required to cause all town and county paupers between the 
ages of five and sixteen years to be educated "in the same manner as 
children are now taught in the common schools of this state at least one 
fourth of the time that said paupers shall remain in the poor house. " 
The expense was to be borne by the town or county and the names of 
such children were not to be returned by the trustees in their annual 
report, that is, the district received no extra money for such children.^^^ 

"6 Laws of N. Y., 1847, Ch. 485. 

^"^ The Orphan Asylums in New York City received support from the city. 
In 1850 the following schools of that city are reported with their average attendance 
in the Annual Report of the Superintendent. 

Average Attendance 
Leake & Watts Orphan House 201 

N. Y. Orphan Asylum 125 

R. C. Orphan Asylum 330 

Colored Orphan As5'lum 167 

R. C. Half-Orphan Asylum 13 

Protestant Half-Orphan Asylum 182 

Female Guardian Society School 74 

Schools for Juvenile Delinquents (two) 346 

"8 Laws of N. Y., 1850, Ch. 261. The Onondaga Co. Orphan Asylum had 
been admitted to a share of the town funds of SaUna in 1847 (Ch. 165) and the 
Brooklyn Orphan Asylum Societies had been admitted to a share of the money raised 
in the city by an act of 1848. (Ch. 76). 
"^Lawsof 1831, Ch. 277. 



EDUCATIONAL LEGISLATION IN NEW YORK • 171 

Educatio7i of Colored Children 

Separate schools for colored children were established in several 
cities."° In 1847*^^^ an appropriation of $5000 was made from the 
U. S. deposit fund for the benefit of schools which should be estab- 
lished for the exclusive instruction of colored children. The law pro- 
vided that there should be paid " to the trustees of every incorporated 
village which shall during one year from the passage of this act support 
for three months or more a school for the exclusive instruction of colored 
children, the sum of twelve dollars a month during the time such school 
shall be kept, not exceeding six months; but no money shall be paid 
as aforesaid for any month during which the number of scholars attending 
such school shall be, on the average, less than ten." Schools were 
estabhshed under this law in Poughkeepsie, Elmira, Lansing, Canan- 
daigua, Watertown and Catskill.^^^ The reports of the Superintendent 
of Schools for 1848 and 1849, however, state that this law did not seem 
likely to be effective for the schools thus established were not under 
the general system of schools or subject to the supervision or inspection 
of the usual officials, and that moreover there are probably not twenty 
villages where there are enough children to keep up the required average 
of attendance. No report is made on such schools in the year 1850. 

Societies for Educational Purposes 

The movement for popular education in the first half of the nineteenth 
century is evident not alone in the establishment of schools for the 
education of the young but also in the large number of societies of various 
kinds incorporated for the purpose of disseminating learning through 
the establishment and maintenance of libraries, reading rooms, lectures 
and museums.^'^^ The rising interest in science is shown by the incor- 
poration of several Lyceums of Natural History, between 1820 and 1845, 
to disseminate knowledge of natural history and the other useful sciences. 
Many Mechanics' Institutes were founded ''to establish and maintain 
lectures appHcable to the mechanic arts, to collect and form a repository 
of apparatus, books, drawing, models of machinery, and generally for 
enlarging the knowledge and improving the condition of mechanics, 

"0 See Chapter V, p. 108. 
"iLaws of N. Y., 1847, Ch. 258, Sec. 3. 
"2 Ass. Doc. 1848, No. 20. 

"'See Appendix C for chronological list of such societies and statement of 
their aims. 



172 EDUCATIONAL LEGISLATION IN NEW YORK 

artisans and manufacturers."^^* There were established also many 
Literary Associations which were interested rather in the spread of liter- 
ature and the fine arts than in science. The New York Historical 
Society /^^ the American Academy of Fine Arts/^^ the New York Sacred 
Music Society^^'' and the National Academy of Design"^ were also founded 
during this period. All of these societies undoubtedly had an impor- 
tant educational influence though it is an influence difficult to reduce 
to statistics. These were all private ventures receiving no support 
from the state and subject to no supervision or control."^ 

1" Laws of 1833, Ch. 91. From the Charter of the Utica Mechanics' Association. 
The objects avowed in the other charters are practically the same. Many of the 
Mechanics' Institutes were also intended for the mutual aid of members and their 
families in case of illness or death. 

115 Laws of N. Y., 1809, Ch. 26. Renewed 1826, Ch. 41. Revived and continued, 
1846, Ch. 8. Granted $5,000 from the state, 1827, Ch. 51. 

ii«/5/<f., 1808, Ch. 6, V. p. 201, Charter extended 1833, Ch. 76. 

»'/6ii., 1829, Ch. 345. 

"8 76z^., 1828, Ch. 173. 

1" The General Soc. of Mechanics and Tradesmen of the City of N. Y. was the 
only exception. Its school did receive money from the state in proportion to the 
nimiber of children taught gratuitously. See Chap. V, pp. 89 and 94. 



CHAPTER VIII 

Summary and Conclusions 

A consideration of the preceding chapters shows that in the seventy- 
three years which elapsed between the first meeting of the New York 
state legislature and the middle of the nineteenth century much had 
been done to create and set in motion machinery for educating the youth 
of the state. The actual results achieved, the strength and weaknesses 
of the system estabHshed and the progress since that time may perhaps 
be shown best by restating briefly, unobscured by detail, some of the 
more important features already referred to. 

It will be recalled that at the time of the Revolution, New York had 
no state system of schools^ and that there had been little legislation 
relative to education during the colonial period.^ The first legislature 
of the state of New York convened at Kingston, September 10, 1777. 
Legislative action in the cause of education began almost at once. Of 
nearly one thousand such acts passed before 1851, about one-fifth were 
enacted between the years 1780 and 1820, the remaining four-fifths, 
in the next thirty years. While no exact classification has been attempt- 
ed, it may be stated roughly that about four hundred of the total number 
concerned the establishment and administration of common schools. 
These ranged in scope from an act to establish a common school system 
to one which authorized some small village to move its schoolhouse or 
sanctioned a late report from some tardy district. Between three 
hundred and three hundred and fifty acts related to academies and col- 
leges, of which about one hundred and twenty-five were merely acts of 
incorporation. The remaining legislation of the period included acts 
relative to the education of special classes, such as Indians, negroes, 
the bhnd, the deaf and dumb, juvenile dehnquents, and orphans; acts 
relative to various organizations which had some general educational 
aim; and others of miscellaneous character. 

The laws of most general significance during this whole period are 
the following: the university acts of 1784 and 1787; the common school 
acts of 1795, 1812, 1814, 1819; the acts establishing the principle of state 

ly. Ch. I, p. 1. 

"v. Clews, Educational Legislation and Administration. 



174 EDUCATIONAL LEGISLATION IN NEW YORK 

support, such as those to establish the common school fund in 1805, 
to create the literature fund in 1813, and to apply the United States 
deposit fund to education in 1838; the freeing of the New York schools 
from private control in 1834; the laws relative to the offices of county 
and town superintendent in 1841, 1843, and 1847; the estabUshment of 
the state normal school in 1844; and the free school act in 1849. The 
fact that this act was repealed in 1851 and declared unconstitutional 
by the courts in 1853 does not invalidate its claim to importance, since it 
indicates the proportions of the sentiment in favor of free schools. It 
is true that in 1851 the rate-bill for instruction was re-established and 
that free schools were not an accompHshed fact until 1867; but the 
act of 1851 practically ended the struggle for free schools, since it pro- 
vided for $800,000 to be raised by a state tax and to be added to the 
amount distributed for common schools, thus materially lessening the 
amount of the rate-bill, and since it continued the exemption of all 
indigent persons from such charge. 

Although the character of the legislation considered does not admit 
of a hard and fast division into periods, yet the legislation enacted 
before 1820 was, on the whole, concerned more with the fundamental 
principles of organization and administration; that of the later years, 
with the detailed development and improvement of a system already 
established and the adjustment and extension of this system to suit 
changing conditions. These two periods coincide with similar periods 
in the general development of the state. It will be recalled that the 
years from 1780 to 1820 were marked by a great increase in the rural 
population, by development along agricultural lines, and by the begin- 
ning of industrial growth; and that the next thirty years were character- 
ized by the remarkable growth of cities, rapid industrial development, 
increase of foreign population, the rise of social problems due to these 
conditions, the growth of humanitarianism to meet the new social needs, 
and the larger participation of the people in the settlement of public 
questions owing to the extension of the franchise. 

The amount of legislation before 1800 was comparatively small, 
but several important steps were taken in the interests of education. 
In the survey and sale of public lands reservations were made for 
the benefit of schools; King's College was revived under the name of 
Columbia; the University of the State of New York was established 
with a govering board of regents to whom was entrusted the task of 
incorporating and supervising academies and colleges; Union College 
was chartered; approximately £20,000 were appropriated to the two 



EDUCATIONAL LEGISLATION IN NEW YORK 175 

colleges; and an unsuccessful attempt was made to establish a state 
system of common schools. The legislation from 1800-1820 is marked by 
the creation of permanent school funds, raised either by lotteries or 
by the sale of public lands, and by the appropriation of about $550,000 
to be raised in a similar way for the use of colleges; by the establishment 
of the common school system partially supported by the state and under 
the direction of a state superintendent and by the recognition of the 
charity and free schools as custodians of pubhc education in New York 
City. Moreover, state aid was given to several institutions founded 
by private enterprise, namely; the College of Physicians and Surgeons. 
Hamilton College, a school for the deaf and dumb, and twenty-five 
academies. 

The outstanding features of the legislation from 1820 to 1850 are: 
enactments greatly increasing the amount of money to be spent on 
education both by large appropriations to state funds and by the author- 
izing of increased taxation for school purposes; legislation looking to 
the increased efficiency of the schools, for example, an attempt to differ- 
entiate more sharply, on the basis of curriculum, between the common 
schools and the academies; the opening of opportunities for normal 
training; the creation of the offices of town and county superintend- 
ents for the sake of better inspection; special legislation for cities, 
where the original school law was found inadequate, and especially for 
New York, where the schools were at length freed from the domination 
of religious and private control; and finally, the passing of the free school 
act. During this time there was a phenomenal increase in the number 
of academies and a considerable number of colleges and professional 
schools were chartered. It is noteworthy that with the increase of 
state funds the support accorded to education by the state was limited 
almost entirely to the income from these funds and that special grants 
such as were common in the preceding period were almost known. A 
second school for the deaf, a school for the bhnd, and various societies 
with humanitarian motives and some educational purpose were in- 
corporated. 

In 1820 Governor Clinton reported^ that there were six thousand 
common schools; three hundred thousand children in school, nine- 

3 Governor's Message, January 4, 1820. The Superintendent's report for 1820 
states that he received returns from 515 towTis, in which there were 5,763 common 
schools, of which 5,118 reported; that 271,077 children were taught; that the whole 
number between the ages of five and fifteen in the districts reported was 302,703. 
(Randall Digest of Common School System, p. 27). 



176 EDUCATIONAL LEGISLATION IN NEW YORK 

tenths of the whole number between five and fifteen years of age; that 
there were probably twenty Lancaster schools; that thirty academies 
had reported and that they enrolled two thousand two himdred and 
eighteen students, six hundred and eighty-three of whom were studying 
Greek and Latin; that in Union, Hamilton, and Columbia Colleges 
there were five hundred and twenty-two students; and that the school 
fund amounted to $1,000,000, the fund for academies to $320,000. 
Numerically this seems to be a good showing, but the efficiency of the 
work done in these various institutions is open to question. Governor 
DeWitt Chnton in his message of 1819^ said of the common schools 
that plenty of money was spent, but that the preceptors were "ignorant 
and vicious" and the system of education "injudicious and ill arranged. " 
The Regents' report of this same year stated that the course of in- 
struction in many academies consisted chiefly of" the first rudiments of 
English education."^ 

In 1850 there were 11,191 organized districts in which 778,309 
children were taught, 161^ academies which enrolled 28,941 pupils, of 
whom 16,553 studied Greek and Latin or the higher English branches; 
217 pupils in the normal school and 948 in the colleges. The common 
school fund, the literature fund, and the United States deposit fund 
amounted to $6,524,050.85 and yielded a total revenue of $583,928.65.^ 
Since 1819 the population and the number of pupils in the schools had 
something more than doubled. In the same time the funds, by the 
addition of the United States deposit fund and other accretions, had 
become almost five times as large. During these thirty years the acade- 
mies had taken their place more specifically as the promotors of secondary 
education; instruction in the common schools had improved both be- 
cause of added facilities for training teachers and because of more ade- 
quate inspection; the sentiment in favor of public control and support 
of education had greatly increased ; the education of all classes of children, 
including various defectives and dependents had been brought under 
the control either of the superintendent of common schools or of the 
regents; and many of the larger cities had modified the existing state 
regulations to meet more adequately their particular problems. 

* Governor's Message, January 5, 1819. 
^ Senate Journal, 1819, p. 245, Regents' Report. 

^This is the number which reported to the regents in this year; thirty-five did 
not report. (Regents' Report, 1850). 

^ These figures are taken from the superintendent's report for 1850. 



EDUCATIONAL LEGISLATION IN NEW YORK 177 

With a generous appreciation of what had been accompHshed and 
with no wish to disparage the attainments of these early years, it is 
allowable to point outsomeof the weaknesses of the educational situation 
at the close of the period. The most obvious defects were the division 
of jurisdiction between regents and state superintendent, the lack of 
articulation between the different parts of the school system, the isola- 
tion of individual schools, inadequate supervision, too many untrained 
teachers, and the failure to make education compulsory.* 

If the common schools had permanently confined themselves to 
elementary education and if the academies had limited themselves to 
the teaching of classics and the higher English branches, there might have 
been an early and peaceful consolidation of the two parts of the educa- 
tional system. But when the common schools branched out into the 
field of secondary school education and estabhshed academic departments 
it was inevitable that the two powers should come into conflict. The 
act for the estabhshment of Union Free Schools in 1853^ placed the 
academic departments of these schools, out of which the public high 
school developed, "under the visitation of the Regents of the University 
and .... subject in its course of education and matters pertaining there- 
to to all the regulations made in regard to academies by the said Regents. " 
The act of 1854i<' which created the office of State Superintendent of 
Public Instruction and transferred to him supervision of the common 
schools of the state formerly vested in the Secretary of State, provided 
that he should "visit .... such and so many of the common schools, 
academies, and other literary institutions of the state as he may deem 
expedient; to inquire into the course of instruction, management, and 
discipline of such institutions and to report the result of such visitation 
annually to the legislature with such recommendations and sug- 
gestions as he may deem suitable. " The conflict of authority and ques- 
tion whether the power of "supervision" on the part of the regents 
or "visitation" by the superintendent conferred more authority seems 
to have been a cause of debate and conflict^^ until the passing of the 

8 The first compulsory school act was passed in 1874 (Ch. 421). The require- 
ments for the education of apprentices and orphans have been noted before. The 
tacit assimiption of the state was that parents would normally educate their children 
if the opportimity were afforded. 

8 Laws of New York, 1853, Ch. 433. 

" Ibid., 1854, Ch. 97. In 1895 (Ch. 1031) the superintendent was given power 
of approval of courses of study in high schools and academies. 

" Senate Doc. 1904, Vol. 15, No. 25 and 27. Report of Special Joint Committee 
on Educational Unification appomted April 23, 1903. Includes reports by C. R. 



X" 



178 EDUCATIONAL LEGISLATION IN NEW YORK 

unification act of 1904^^ in accordance with which a Commissioner of 
Education was elected by the legislature who should combine the duties 
of Superintendent of Pubhc Instruction and those of the Board of Re- 
gents so far as they related to the supervision of elementary and secondary 
schools and all schools except colleges, technical and professional schools. 
During the period under consideration the common schools and the 
academies occupied sufficiently distinct fields so that this conflict of 
thority did not manifest itself, but elements of discord were there. 

Lack of articulation between the different parts of the educational 
system was another feature of the situation the evils of which became 
more apparent later. Common schools under the direction of the 
state superintendent went their way and the academies and colleges 
under the regents went theirs, with no apparent attempt to co-ordinate 
them, to make one lead to the other, or to prevent their work from over- 
lapping. Within the common schools it was only in a few cities that 
any attempt was made to estabhsh graded schools. There is no hint 
of a conception of a state system which should furnish a continuous 
and steadily progressive path from primary to professional school. 

The principle of extreme individualism prevailed both in the common 
schools and in the academies. There were only the most meagre re- 
quirements as to curriculum in the common schools. Aside from the 
rudiments of learning, the teachers, with perhaps the advice of some in- 
spectors, appear to have determined what subjects should be studied 
and how much ground covered. This lack of uniformity had a certain 
advantage in the opportunity it gave for adapting the school to the needs 
or desires of individual pupils, but under a poor teacher and in an in- 
different community the school was certain to be unnecessarily Hmited 
in its work. The regents had done something to standardize the work 
done in the academies, but when we consider that in 1850 only about 
fifty per cent^^ of the pupils in these schools were studying classics 
and higher branches of Enghsh and that there was the widest range 
in the total subjects offered,^* it is obvious that the academies were not 
only working independently of the common schools and of the colleges, 
but that there was no common standard among themselves as to their 
legitimate field. The same individualism is evident in the action of 

Skinner, State Superintendent of Public Instruction, and James R. Parsons, Jr. Secre- 
tary to the Board of Regents. 

12 Laws of New York, 1904, Ch. 40. 

"v. p. 176 for figures. 

"v. Ch. Ill, p. 48-49. 



EDUCATIONAL LEGISLATION IN NEW YORK 179 

the cities, where administrative boards were established with varying 
powers, and no attempt was made by the state to unify methods of 
procedure in these larger communitie^.^^ 

The perennial evils of inadequate supervision, unsatisfactory methods 
of certification, and insufficient training of teachers were perhaps more 
acutely felt at the time than these other far-reaching, but less obvious 
defects, and already determined efforts were being made to ameliorate 
the existing conditions. 

Compulsory education was still far in the future. It was assumed 
that if the opportunity were offered the normal parent would gladly 
educate his children and that it was not the function of the state to 
interfere if he did not see fit to do so. For children who lacked their 
natural protectors, namely apprentices and orphans, the state did re- 
quire a minimum of education. 

Notwithstanding these defects and weaknesses, it must be cpnceded 
that, considering the situation in New York when it became a state, 
the comparatively short time which had elapsed, and the rapid change 
of conditions, noteworthy results had been accomplished. A system 
of common schools, practically free and with special provision for the 
very poor, was well established; education in the classics and higher 
English branches was fairly well provided for in the numerous acade- 
mies; there were colleges and professional schools, not unreasonably 
expensive, for those who had ambition and capacity for more advanced 
work; provision had been made for certain obvious defectives, namely, 
the blind and the deaf; the first steps toward professional training for 
teachers had been taken. The principle that the state is definitely 
responsible for the education of the people and must carry the financial 
burden of this education had been in a considerable measure accepted. 
The pioneer work had been done and a system established which was 
capable of adjustments and developments to meet the changing situa- 
tions of the future. 



APPENDIX A 

Academies Incorporated, 1787-1850 

This list is compiled from a list of academies given in the Revised 
Statutes of 1813 (Appendix, p. 563); Usts of incorporated academies 
submitted by the regents in their report of 1843; from the regents' 
reports and the session acts, 1777-1850. When "academy" appears 
as a part of the name it is omitted in this hst. 

Below the name of each school is a list of the legislative acts passed 
relative to it. When the number of the act is followed by the letter 
"S," it indicates that the act was for the support of the school and that 
the details are given in Appendix B, Chronological list of acts granting 
support to individual academies, 

Incor- Made Sub- Name 

porated ject to 
Date Regents 
1787 Ri *2 Erasmus Hall King's Co. 

1786.543 Reformed Pro- 
testant Dutch Church author- 
ized to sell real estate for the 
purpose of erecting an aca- 
demy. 

1814.79 Trustees to be 
district trustees. 

1844.234 Trustees to re- 
ceive money from common 
school fund. 
R * North Salem West Chester Co. 

R CHnton Suffolk Co. 

1790 R * Farmers' Hall Orange Co. 

1822.197 Trustees to be 
district trustees. 

1791 R * Montgomery Orange Co. 

1815.90 Trustees to be 
trustees of school district. 
1819.122 S 

1 Indicates incorporation by regents. The record of such incorporation is found 
in the Rept. of the Regents for the given year. These academies were not incorporated 
by the legislature. 

^ Shows that school was made subject to the regents by the act of incorporation. 

3 Refers to year and chapter of law i.e., Laws of 1796. Chap. 54. 



EDUCATIONAL LEGISLATION IN NEW YORK 



181 



1792 
1793 



R 



1794 R 



R 



1795 



1796 



R 

R 
R 

R 



1797 R 
1801 R 



1803 



1821.250 S 




1822.45 S 




1835.138 Act of 1815.92 




above, repealed. . 




Washington 


Washington Co. 


1819.55 S 




Dutchess County 1849.301 S 


Dutchess Co. 


Union Hall 


King's Co. 


Hamilton Oneida 


Oneida Co. 


1812.237 Became Hamil- 




ton College. 




Schenectady 


Schenectady Co. 


1795.55 Became Union 




College. 




1818.192 Academy re- 




vived. 




Johnstown 


Montgomery Co, 


1796.50 S 




1826.112 S 




1827.207 S 




Oxford 


Chenango Co. 


1800.112 S 




1822.3 S 




Canadaigua 


Ontario Co. 


Kingston 


Ulster Co. 


1827.30 Five trustees to 




make a quorum. 




Union 


Montgomery Co. 


(Defunct in 1843). 




Cherry Valley 


Otsego Co. 


Lansingburgh 


Rensselaer Co. 


1816.13 S 




Otsego 


Otsego Co. 


Burned 1809 and not re- 




built. 




Columbia 


Columbia Co. 


Defunct in 1843. 




Cayuga 


Cayuga Co. 


1806.73 S 




1814.71 S 




1844.110 Trustees re- 




duced to nine. 




Fairfield 


Herkimer Co. 


Oyster Bay* 


Queen's Co. 



* A list of academies in the Revised Statutes of 1813, Vol. II, p. 563, gives the date 
of incorporation as 1807. This seems borne out by the report of the Regents in 1804 
(Journal of Assm., p. 293) that there were twenty-two academies including Catskill, 
but regents' list of 1843 gives this date. 



182 



EDUCATIONAL LEGISLATION IN NEW YORK 



1804 R 

1806 R 

1807 R 

1808 R 



R 
1811 R 

R 
R 

1813 R 
R 

R 
R 



R 

1814 R 

1815 R 



R 

1816 R 
R 



Defunct in 1843. 

1823.150 Trustees to be 
district trustees. 
Catskill 

Defunct in 1843. 
Newburgh 
Hudson 

1838.271 S 
Lowville 

1818.134 S 

1824.275 S 

1826.105 S 

1828.46 S 

1836.63 S 

1841.265 
Ballston 

Defunct in 1843. 
Bloominggrove 

Defunct in 1843. 
Pompey 1813.199 S 
Washington 

Defunct in 1843. 
Albany 
Geneva 

1825 Became Geneva 
College. 
Onondaga 

1814.200 and 1825.231 S 
Plattsburgh 

Not mentioned in Regents' 
list of 1843. Found in list of 
1813. 

Whitesborough 
Utica 
Auburn 

1825.266 S 

1826.128 S 

1827.329 S 
Cambridge 

1848.234 S 
Greenville 
St. Lawrence 

1816.148 S 

1825.110 S 

1826.103 S 

1828.177 S 

1835.169 S 



Greene Co. 

Orange Co. 
Columbia Co. 

Lewis Co. 



Saratoga Co. 

Orange Co. 

Onondaga Co. 
Orange Co. 

Albany Co. 
Ontario Co. 

Onondaga Co. 
Plattsburgh Co. 



Oneida Co. 
Oneida Co. 
Cayuga Co. 



Washington Co. 

Greene Co. 

St. Lawrence Co. 



EDUCATIONAL LEGISLATION IN NEW YORK 



183 







1841.85 and 1849.301 S 




.166^ 


1816 


Hartwick Seminary 


Otsego Co. 


1817.119 


1826 


Clinton Grammar School 


Oneida Co. 


1819 R 


1819 


Middlebury 

1823.52 S 

1826.176 S 

1837.206 To receive 
money notwithstanding late 
report. 


Wyoming Co. 


R 


* 


Cortland 

1822.10 S 


Cortland Co. 


.52 


1819 


Waterford Female 


Saratoga Co. 


.198 




Wesleyan Seminary — Both 








Sexes. Not mentioned in list 


New York 






prepared bv Regents 1843. 




1820 R 


* 


Delhi. 18i9.170, 1847.258, 
and 1849.301 S 


Delaware Co. 


.106 




Catskill Female Seminary 


Greene Co. 


.107 


1827 


Mount Pleasant 

1824.267 S 

1827 Granted new char- 
ter by regents. 


Westchester Co. 


1821.53 


1828 


Albany Female 
1822.38 S 


Albany Co. 


1822.53 




Female Seminary of Newtown 

1827.69 Five trustees a 
quorum. 


Queen's Co. 


.183 




Cooperstown 1822.183 S 


Otsego Co. 


1823.83 


1826.263 


Ithaca 

1825.308 S 
1836.81 S 


Tompkins Co. 


.264 


1829 


Red Hook 

1824.323 S 
1827.55 S 


Dutchess Co. 


1824.161 


1828 


Kinderhook 


Columbia Co. 


.319 


1830 


Fredonia 

1825.226 S 


Chautauqua Co. 


.327 


1833 


Jefferson 


Schoharie Co. 


R 


* 


Franklin 1828.234 S 


Steuben Co. 


R 


* 


Hamilton 


Madison Co. 


1825.75 




High School of New York 
(Specified not to receive com- 
mon school or literature fund). 

1826.32 Open to girls. 

1833.9 Permitted to sell 





° Numbers in this column refer to chapter of the statutes i.e., Laws of 1816, 
Ch. 166. This indicates that the academy was chartered not by the Regents but by the 
legislature. 



184 



EDUCATIONAL LEGISLATION IN NEW YORK 



property and dissolve. 
.86 1828 Seminary of Genesee Con- 

ference — Both Sexes. 

1829.241 Changed to 
Seminary of Genesee and 
Oneida Conference. 

1835.242 Changed to 
Oneida Conference Seminary. 

1847.36 Trustees ap- 
pointed. 
.149 1828 Ontario Female Seminary 
1826.83 1837 Rensselaer School 

1832.327 To unite with 
Greenbush-Schodack. 

1835.254 Department of 
Engineering to be added. 
Name changed to Rensselaer 
Institute. 

1837.351 United with 
Troy Academy. 
Bridgewater 
Bedford 
Rye 

Union Literary Society of 
EUisburgh 
Canajoharie 
Rensselaer-Oswego 

1828.125 To be on site 
conveyed by district trustees. 

1829.15 Trustees of 
school district in Mexico to 
convey lot of land and build- 
ings. 

1845.276 Name changed 
to Mexico Academy. 
.172 1830 Ovid 

1826.172 S 
.182 New RocheUe 

.288 1828 Steuben 
.316 1829 Scientific and Mihtary, 
Whitesborough. 
1827.70 1831 Rochester High School, started 

as an Elementary School. 
Merged into Rochester Col- 
legiate Institute. See 1839. 
1828.131 S 
1829.332 S 
1831.51 S 



Madison Co. 



.123 
.129 
.164 
.165 

.167 
.168 



1828 



1830 

1828 
1833 



Ontario Co. 
Rensselaer Co. 



Oneida Co. 
Westchester Co. 
Westchester Co. 
Jefferson Co. 

Montgomery Co. 
Oswego Co. 



Seneca Co. 

Westchester Co. 
Oneida Co. 
Oneida Co. 



Rochester Co. 



EDUCATIONAL LEGISLATION IN NEW YORK 



185 



.86 



.272 
.321 



.256 

.288 

.289 
.332 
1829 R 



.12 



.81 



1831 



1830 



.330 1830 



.64 1829 



; R 


* 


R 


* 


.139 


1830 


.162 


1829 


.171 


1831 


.184 


1828 


.235 


1830 



1830 
1829 



1833 



1836.165 School district 
to be divided. 
Spring ville Erie Co. 

1829.340 Fifteen dollars re- 
quired to insure membership in 
in association, 

Gaines Orleans Co. 

Flushing Institute Queen's Co. 

1828.61 Capital stock 
increased. 
Buffalo High School Ass'n Erie Co. 

1830 Name changed to 
Buffalo Literary and Scientific 
Institute. 1846 Dissolved by 
legislature. 

Livingston Co. High School 
Ass'n. 

1833.122 Trustees to re- 
ceive any money for literary 
purposes. 

1846.309 Became Gene- 
see Academy 
Monroe Monroe Co. 

Extinct in 1834. 
Lewiston High School-Academy Niagara Co. 



Owego 

Granville 

Gouverneur High School, 

1839.64 S 
Sullivan Co. 

Albany Female Seminary. 
Yates Co. Academy and Fe- 
male Seminary. 
Cortland Female Seminary 
(Not to receive state aid). 
Rochester Institute of General 
Education 
White Plains 
Plattsburgh 

Oneida Institute of Science and 
Industry 

1849 Reported defunct. 
Harlem Literary and Scientific 
(Not to receive state aid) New 
York City 

Palmyra High School (Ex- 
tinct in 1850) 

1830.115 District trus- 



Tioga Co. 
Washington Co. 
St. Lawrence Co. 

Sullivan Co. 
Albany Co. 



Cortland Co. 

Monroe Co. 

Westchester Co. 
CUnton Co. 
Oneida Co. 



Wayne Co. 



186 



EDUCATIONAL LEGISLATION IN NEW YORK 



.125 
.219 



1830.270 



tees to convey lot and building 
to High School. 
Skaneateles 

Brooklyn Collegiate Institute 
for Young Ladies (Not sub- 
ject to Regents) 
Franklin Institute of Roches- 
ter (Not mentioned in Re- 
port of 1843). 



Onondaga Co. 



King's Co. 
Monroe Co. 



The charters of the following contain a paragraph to the following 
effect, unless marked by two stars following the name: 

"The said academy shall not be entitled to any share or proportion 
of the income of the literature fund until the regents of the university 
shall be satisfied that said academy has compHed with all the requisites 
which would authorize and induce the regents to incorporate the same; 
and in that case, said corporation shall be entitled to its distributive 
share of said income, subject to the regulations and restrictions appli- 
cable to academies incorporated by said regents." 

Incorporation of New Platz Academy, 1833.143. 



1831 R 
.113 
.222 


* 
1831 


.247 
.271 
.272 


1839 
1841 


1832.142 




.284 




1833.51 




.143 


1836 


.228 
.249« 


1839 



Franklin 1836.29 S 
Highland Grove Gymnasium 
Fort Covington 

1832.127 Right to erect 
a building on the public 
square. 

Buffalo Female Seminary** 
Claverack 
Greenbush and Schodack 

1832.327 Act to unite 
with Rensselaer School. Lat- 
ter name kept. 
Rochester Institute of Prac- 
tical Education** 
Catskill Classical School** 

(Not mentioned in 1843) 
Bernville Academy and Fe- 
male Seminary. 
New Platz 

Rechartered by Regents 
in 1845, property having been 
sold for debts. 
Oswego 
Ogdensburgh 

1833.249 S This act 



Franklin Co. 
Dutchess Co. 
Franklin Co. 



Erie Co. 
Columbia Co. 
Rensselaer Co. 



Monroe Co. 

Albany Co. 
Ulster Co. 



Oswego Co. 

St. Lawrence Co. 



1835 



• This act authorized the building of the school. It was not incorporated until 



EDUCATIONAL LEGISLATION IN NEW YORK 



187 



.301 1839 



.304 1836 



1834.40 




.53 


1834 


.171 


1839 


.172 




.176 




.191 


1839 


.198 


1839 


.206 


1836 



.232 1838 



.254 
.295 



.167 



.168 



1839 



.297 1839 



1835 R 


* 


.72 


1839 


.140 


1839 



authorized the school. 
1834.173 S 

1835.118 Incorporation 
of trustees. 

1844.64 S 
Aurora Manual Labor Semin- Erie Co. 
ary 

1838.228 Changed to 
Aurora Academy. 

Genesee and Wesleyan Semin- Livingston Co. 
ary — Both Sexes. 

1834.225 New incorpor- 
ation 

1839.254, 1844.253, 1847.258, 
and 1848.381 S 
Poughkeepsie Female Dutchess Co. 

Genesee Manual Labor Semin- 
ary. 

Mayville — Both Sexes 
Holland Patent — Both Sexes 
Preble High School 
Clermont — Both Sexes 
Waterford — Both Sexes 
Chnton Liberal Institute — 
Both Sexes. 
Essex County 

1838.131 To receive 
money as if report had not 
been late. 
New Woodstock 
Troy 

1837.351 Revived and 
united with the Rensselaer 
Institute. 

Alexander Classical School** 
1836.162 Revived 
1845 Property taken by 
Genesee Wyoming Academy. 
Clarkson 

Manlius — Both Sexes. 
Delaware Literary Institute — 
Both Sexes. 

Saratoga Academy and Scien- 
tific Institute — Both Sexes. 
1837.203 Trustees to 
begin operations as soon as 
$3,000 is subscribed. 
Rome — Both Sexes Oneida Co. 



Chautauqua Co. 
Oneida Co. 
Cortland Co. 
Columbia Co. 
Saratoga Co. 
Oneida Co. 

Essex County 



Madison Co. 
Rensselaer Co. 



Genesee Co. 



Monroe Co. 
Onondaga Co. 
Delaware Co. 

Saratoga Co. 



188 



EDUCATIONAL LEGISLATION IN NEW YORK 



.170 


1839 


.203 




.223 


1839 


.263 




.269 




.277 




.280 




1836 R 


* 


.83 


1838 


.152 


1839 


.159 


1839 


.174 




.176 




.209 


1841 


.231 


1839 


.253 




.286 


1837 


.288 




.307 




.403 




.447 


1839 



.491 



.524 
.528 

1837.77 



1838 



1839 
1839 



1848.10 Revived 
Syracuse — Both Sexes. 
Watertown 

1841.33 Repealed. 
Keeseville 
Dover — Both Sexes. 
Genesee Seminary** 
Fishkill Education Society 
Both Sexes 
Nassau 
Amenia 

DeRuyter Institute — Both 
Sexes. 

1847 Rechartered by 
Regents. 

Jamestown — Both Sexes 
Mendon — Both Sexes. 
Albany, Pearl Street 
Lafayette High School 
Avon 

Hempstead Seminary 
Schaghticoke — Both Sexes. 
Poughkeepsie Female 
Mount Pleasant Female Sem. 
Angelica — Both Sexes. 

To report also to super- 
intendent of common schools. 
Victory 
Fulton Female Seminary** 

1842.156 Changed to 
Fulton Academy. 

1849.349 Changed to 
Falley Seminary of the Black 
River Conference. 
Black River Literary and 
Religious Institute — Both 
Sexes. 

1846.262 Changed to 
Jefferson County Institute 

1849.101 Trustees, seven 
a quorum. 

Poughkeepsie Collegiate 
School 
Galway — Both Sexes. 

1845 Rechartered by 
Regents, property having been 
sold for debt. 
Norwich Union Seminary** 



Onondaga Co. 
Jefferson Co. 

Essex Co. 
Dutchess Co. 
Genesee Co. 
Dutchess Co. 

Rensselaer Co. 
Dutchess Co. 
Madison Co. 



Chautauqua Co. 
Monroe Co. 
Albany Co. 
Onondaga Co. 
Livingston Co. 
Queens Co. 
Rensselaer Co. 
Dutchess Co. 
Westchester Co. 
Allegheny Co. 



Cayuga Co. 
Oswego Co. 



Jefferson Co. 



Dutchess Co. 
Saratoga^Co. 

Chenango Co. 



EDUCATIONAL LEGISLATION IN NEW YORK 



189 



.94 
.95 

.120 



1839 
1839 



,222 




.231 


1839 


,236 


1839 


,251 


1840 


.267 


1839 


,283 


1839 


,284 


1839 


,290 


1841 


.295 




.314 




.317 


1839 


.336 


1839 


.337 


1839 



.339 


1838 


.368 


1839 


.376 


1842 


.447 





.463 

1838.55 
.171 

.183 
.192 

.234 
.273 
.279 
.326 
1839.69 



1839 



1840 
1840 

1839 
1839 
1840 

1840 



Schenectady Young Ladies 

Seminary 

Schenectady Lyceum and 

Academy for Young Men. 

1839.109 Opened to girls. 
Lyons — Both Sexes 

1840.240 New incorpor- 
ation. 

Southold — Both Sexes 
Rochester Female 
Ames — Both Sexes 
Canton 

1835.241 S 
1837.151 S 

Seneca Falls — Both Sexes 
Schoharie — Both Sexes 
Utica Female 

1849.253 To increase 
capital stock. 
Albion — Both Sexes 
Dunkirk 

CoUinsville Institute 
Fayettesville 
Coxsackie — Both Sexes 
Westfield — Both Sexes 

1847.53 To reduce the 
number of trustees. 

1847.275 To elect five 
trustees at special meeting. 
Troy Female Seminary 
Groton — Both Sexes 
Knoxville** 
Windsor — Both Sexes. 

(Not mentioned in Re- 
gents' list of 1843) 
Hudson River Agricultural 
Seminary 
Batavia Female 
Pembroke and Darien Classi- 
cal School 

E. Bloomfield — Both Sexes 
Rutger's Female Institute 
N. Y. City 
Peekskill 

Vernon — Both Sexes. 
Auburn Female Seminary 
Weedsport — Both Sexes. 
Hobart Hall Academy — Both 



Schenectady Co. 
Schenectady Co. 

Wayne Co. 



Suffolk Co. 
Monroe Co. 
Montgomery Co. 
St. Lawrence Co. 



Seneca Co. 
Schoharie Co. 
Oneida Co. 



Orleans Co. 
Chautauqua Co. 
Lewis Co. 
Onondaga Co. 
Greene Co. 
Chautauqua Co. 



Rensselaer Co. 
Tompkins Co. 
Albany Co. 
Broome Co. 



Columbia Co. 

Genesee Co. 
Genesee Co. 

Ontario Co. 



Westchester Co. 
Oneida Co. 
Cayuga Co. 
Cayuga Co. 
Oneida Co. 



190 



EDUCATIONAL LEGISLATION IN NEW YORK 







Sexes. 




.95 




Marion — Both Sexes. 


Wayne Co. 


.96 




Literary and Scientific Insti- 
tute of York — Both Sexes. . 


Livingston Co. 


.98 


1846 


Red Creek Union — Both Sexes 


Wayne Co. 


.111 


1841 


Amsterdam Female Semin- 
ary** 


Montgomery Co. 


.130 


1840 


Seward Female Seminary of 
Rochester 


Monroe Co. 


.145 




Royalton Center — Both Sexes 


Niagara Co. 


.169 




Troy Episcopal Institute 


Rennselaer Co. 


.191 


1840 


West Town 


Orange Co. 


.203 


1848 


Whitehall— Both Sexes. 
1848 New Charter. 


Washington Co. 


.296 




Turin 


Lewis Co. 


.298 


1840 


Ridgebury 


Orange Co. 


.331 




Broome — Both Sexes. 


Broome Co. 


.334 




Wallabout Select Grammar 
School Assn. Brooklyn. 


Kings Co. 


R 


* 


Stillwater 

1848 Granted new char- 
ter by regents. 


Saratoga Co. 


R 


* 


Kingsborough 


Fulton Co. 


R 


* 


Rochester Collegiate Institute 


Monroe Co. 


R 


* 


Munro 

1848.280 Regents to 
name a new board of trustees. 


Onondaga Co. 


1840.172 


1841 


MiUville— Both Sexes. 

1842.174 Re meeting of 
trustees. 


Orleans Co. 


R 


* 


Elmira 


Chemung Co. 


R 


* 


Moravia Institute 


Cayuga Co. 


R 


* 


Schuylerville 


Saratoga Co. 


R 


* 


Phipps Union Seminary 


Orleans Co, 


R 


* 


Herkimer Co. 


Herkimer Co. 


R 


* 


Sherbourne Union 


Chenango Co. 


R 


* 


Union Village 


Worthington Co, 


1841.76 


1842 


Bethany 


Genesee Co. 


.188 


1843 


Walworth 


Wayne Co, 


.263 




Lockport — Both Sexes. 


Niagara Co. 


.349 


1842 


WalkiU— Both Sexes 

1842.113 Trustees given 
authority to borrow money. 


Orange Co, 


R 


* 


Rhinebeck 


Dutchess Co, 


R 


* 


Moriah 


Essex Co, 


R 


* 


LeRoy Female 


Genesee Co, 


R 


* 


Argyle 


Washington Co. 



EDUCATIONAL LEGISLATION IN NEW YORK 



191 



R 



1842.151 


1842 


.201 




.210 


1845 


R 


* 


R 


* 


R 


* 


R 


* 


R 


* 


R 


* 


R 


* 


R 


* 


R 


* 


R 


* 


1843 R 


* 


R 


* 


R 


* 


R 


* 


R 


* 


R 


* 


1844.298 




R 


* 


R 


* 


R 


* 


R 


* 


1845.147 


1847 


.187 


1847 


.188 


1845 


R 


* 


R 


* 


R 


* 



R 



R 

1846 R 
R 
R 
R 



Gilbertsville Academy and 

Collegiate Institute. 

Waterloo — Both Sexes. 

Palmyra — Both Sexes. 

Macedon — Both Sexes. 

Jordan 

Glens Falls 

Brockport Collegiate Institute 

Clinton Seminary 

Augusta 

Piermont 

DeLancy Institute 

Binghamton 

Yates 

Champlain 

Ball Seminary 

Alfred 

1850.30 Confirm elec- 
tion of trustees. 

1850.259 S 
Cortlandville 
Perry Center Institute 
Monroe 
Norwich 

Eastern Collegiate Institute of 
New York City for Males. 
Astoria Institute 
New Berlin 
Chester 
Little Falls 

Brooklyn Female Seminary 
Spencertown 
Fonda 

Nunda Literary Institute 
Rensselaerville Academy 
Whitestown Seminary 

(Founded on the proper- 
ty of Clinton Seminary and 
Oneida Institute, extinct) 
Genesee and Wyoming 

(Founded on the remains 
of Alexander Classical Insti- 
tute, extinct) 
Gary Collegiate Seminary 
Lancaster 
Sand Lake 

Wilson CoUegiate Institute 
Riga 



Otsego Co. 

Seneca Co. 
Wayne Co. 
Wayne Co. 
Onondaga Co. 
Warren Co. 
Monroe Co. 
Oneida Co. 
Oneida Co. 
Rockland Co. 
Oneida Co. 
Broome Co 
Orleans Co. 
Clinton Co. 
Rensselaer Co. 
Allegheny Co. 



Cortland Co. 
Wyoming Co. 
Monroe Co. 
Chenango Co. 



Queens Co. 
Chenango Co. 
Orange Co. 
Herkimer Co. 
Queens Co. 
Rensselaer Co. 
Montgomery Co. 
Allegheny Co. 
Rensselaer Co. 
Oneida Co. 



Genesee Co. 



Genesee Co. 
Erie Co. 
Rensselaer Co. 
Niagara Co. 
Monroe Co. 



192 



EDUCATIONAL LEGISLATION IN NEW YORK 







(Not to receive money 








from Regents) 




1847 R 


* 


Genoa 


Cayuga Co. 


R 


* 


Brookfield 


Madison Co. 


.206 




Free Academy of New York 
City 

1866 Became College of 
the City of New York. 




.235 


1848 


S. S. Seward Institute 


Orange Co. 


1848 R 


* 


Sag Harbor Institute 


Suffolk Co. 


R 


* 


Starkey Seminary 


Yates Co. 


R 


* 


WhitehaU 


Saratoga Co. 


.199 


1849 


Clover Street Seminary 


Oneida Co. 


1849 R 


* 


Addison 


Steuben Co. 


R 


* 


Windsor 


Broome Co. 


R 


* 


Friendship 


Allegheny Co, 


R 


* 


Sanquoit 


Oneida Co. 


.110 




Mansion Square Female Sem. 


Dutchess Co. 


.429 




Academy of the Sacred Heart 


Monroe Co. 


1850 R 


* 


Brownville 


Jefferson Co. 


R 


* 


Prattsville 


Greene Co. 


R 


* 


Hubbardsville 


Madison Co. 


R 


* 


Holley 


Orleans Co. 


R 


* 


Richburgh 


Allegheny Co, 


R 


* 


New York Conference 
Seminary 


Schoharie Co. 


.124 


1850 


Jonesville 


Saratoga Co. 


.77 


1850 


Lockport Union 


Niagara Co. 



The Grammar Schools of Columbia College and of University of 
the City of New York as well as the New York School for the Deaf and 
Dumb were reckoned as academies and received money from the regents 
after 1838. The latter was subject to the regents by an act of April 15, 
1830; the other two by act of April 17, 1838. 



APPENDIX B 

Acts Granting Means of Support 
To Individual Academies 

1796 (Ch. 50)^ Johnstown. 

Granted lot No. 36 consisting of one-half acre, previously set apart 
for the use of a school; property vested in the trustees for the benefit 
of the academy. 

1800 Fairfield. 

♦Granted $5,000 raised by a lottery.'' 

1800 (Ch. 112) Oxford. 

Allowed to select one of the lots reserved for literature, for the sake 
of rebuilding after a fire. 

1806 (Ch. 73) Cayuga. 

♦Granted two hundred seventy-five acres in the town of Scipio, 
provided it was not already appropriated to gospel and schools, or 
literary purposes. 

1813 (Ch. 199). 

Lot No. 24 in Ulysses, Seneca Co., Lot No. 36 in Aurelius, Cayuga 
Co., Lot No. 85 in Homer, Cortland Co., set apart to be appro- 
priated to academies in these counties " as shall hereafter be regulated 
by the legislature. " v. post 1814 (Ch. 71), 1822 (Ch. 10), 1825 (Ch. 
308), 1826 (Ch. 172), for final disposition of these lots. 

1813 (Ch. 199) Pompey. 

Granted lot No. 15 in Camillus, Onondaga Co., the proceeds to be 
invested and only the income used. 

1814 (Ch. 71) Cayuga. 

The trustees of this academy asked for a grant of lot No. 36 in Cayu- 
ga Co. (v. ante 1813, Ch. 199). The surveyor-general reported, 
March 6, 1813, that this lot had already been given to Union College. 
Cayuga Academy was accordingly granted lot No. 89 in the town 
of Cato in the same county. 
1814 (Ch. 200) Onondaga. 

♦Granted lot No. 9 in Lysander, Onondaga Co., except fifty acres.' 

1 This reference is to the chapter in the statutes of the year cited. 

"This appropriation does not appear in the statutes. The regents' rept. for 
1813 (Assem. Journ. 1813, p. 495) shows a grant to Fairfield for a medical school, 
money to be raised by lottery. 

5 Cited in the Comptroller's report of 1837 under the date of 1822. The inference 
is that the school did not take possession of the lot imtil that date. 

* All items starred appear in a report of the Comptroller in 1837 relative to aid 
actually advanced to academies and colleges before that date. (Quoted in Senate 
Doc. 1856, Vol. 1, No. 32.) 



194 EDUCATIONAL LEGISLATION IN NEW YORK 

1816 (Ch. 13) Lansingburgh. 

Allowed to subscribe one thousand shares in the capital stock of 
Lansingburgh Bank for the benefit of the academy. 

1816 (Ch. 148) St. Lawrence. 

*Granted lot No. 56 (on another map marked No. 36) ; said lot not 
to be sold, or to be leased for more than thirty-one years. In 
1828 (Ch. 177) the trustees were authorized to sell this land and 
invest the proceeds, the income to be used for instruction only. 

1818 (Ch. 134) Lowville. 

*Granted any lot of 640 acres reserved for literature in St. Lawrence 
Co., only the interest on the avails to be used. In 1820 (Ch. 46) 
the trustees were given permission to use whole avails of said lot to 
pay their debts. 

1819 (Ch. 55) Washington (Washington Co.). 

*Granted $3,000 out of unappropriated money because the buildings 
had been burned. 

1819 (Ch. 122) Montgomery. 

Granted the money to come in from quit rents on 19,000 acres of 
land. One of the patents was found to have been already dis- 
charged. The state, in 1821 and 1822, paid a total of $1,458.82 
to settle the claims of the academy on condition that the state be 
released from further claims under the act of 1819. 

1819 (Ch. 170) Delhi. 

Granted $6,000 for the endowment of an academy at Delhi whenever 
the regents call for it; money to come from sale of land forfeited 
by the attainder of Robert Leake, (v. also under 1847, Ch. 
258) for payment of interest on the same. 

1821 (Ch. 250) Montgomery. 

*Granted $681, from quit rents, (v. also under 1819, Ch. 122). 

1822 (Ch. 3) Oxford. 

*Granted bonds given by purchasers of lot No. 51 in Fayette, Che- 
nango Co. and money already paid on said bonds; income only to 
be used. (Valued at $2,970.62 in Rept. of 1837 referred to above.) 

1822 (Ch. 10) Cortland. 

*Allowed to sell lot No. 85 in Homer, Cortland Co., (v. also under 
1813, Ch. 199) only so as not to impair leases made by the super- 
visors. 

1822 (Ch. 38) Albany Female. 

*Granted money from the sale of lot mortgaged to the state and 
on which trustees have erected a building provided the amount 
received does not exceed $1,000. 

1822 (Ch. 45) Montgomery. 

♦Granted $787.82 from quit rents, (v. also under 1819, Ch. 122.) 

1822 (Ch. 183) Cooperstown Female. 

Granted land on which Otsego Academy was erected, said academy 
having been burned in 1809 and not rebuilt. 



EDUCATIONAL LEGISLATION IN NEW YORK 195 

1823 (Ch. 52) Middlebury. 

•Commissioners of land office authorized to sell enough hterature 
lots, not otherwise specifically appropriated, to amount to $1,000, 
and pay money to the academy. 

In 1826 (Ch. 175) the treasurer was authorized to pay $1,000 in 
lieu of above, proceeds of sale of above land, when sold, to go to 
the state treasury. If the sale of land should not net $1,000, the 
trustees were to be held responsible to the state for the difference, 
with interest, on that amount. 

1824 (Ch. 267) Mount Pleasant. 

*Granted bond and mortgage held by the state against Matthew 
Faulkner for a loan of $1,000; land to be sold by trustees if mortgage 
is not paid. 
1824 (Ch. 275) LowviUe. 

•Granted $3,000 from sale of hterature lots as by act of 1823 (Ch. 
52) q.v., provided a building valued at $8,000 be first erected. In 
1826 (Ch. 105) $3,000 in money was granted in Ueu of above. 

1824 (Ch. 323) Red Hook. 

•Granted $1,000 from sale of Hterature lots as by act of 1823, (Ch. 
52). In 1827 (Ch. 55) $1,000 in money was granted in Ueu of above. 

1825 (Ch. 110) St. Lawrence. 

•Granted S2,500 from sale of hterature lots as by act of 1823 (Ch. 
52) provided a brick or stone building be first erected worth $3,000. 
In 1826 (Ch. 103) $2,500 cash was granted, and the required building 
permitted to be "brick or stone or partly brick or stone." 

1825 (Ch. 226) Fredonia. 

•Granted $350 a year for five years out of money not otherwise 
appropriated; to be used toward the salary of a competent preceptor. 

1825 (Ch. 231) Onondaga. 

•Granted lot No. 100 in Lysander, Onondaga Co., except 50 acres, 
in exchange for lot No. 9 previously granted, (v. ante under 1814, 
Ch. 200). Commissioners of land office directed to appraise lots 
No. 9 and No. 100, exclusive of the said 50 acres and improvements, 
and pay to the trustees the amount of the appraisal of lot No. 100 
less the appraisal of lot No. 92. The Comptroller's Report of 
1837 gives the appraisal of the difference as $1,271.50. 

1825 (Ch. 266) Auburn. 

•Granted lot No. 88, Sterling, Cayuga Co., except 50 acres. Trus- 
tees to sell the same and use the money for an academy. In 1826 
(Ch. 128) $1,002 cash was granted with interest from April 20, 
1825, in heu of above, provided trustees reconvey lot No. 88 to 
the state. In 1827 (Ch. 329) this act was repealed and $2,000 
granted on same conditions. 

1825 (Ch. 308) Ithaca. 

•Provided that lot No. 24 in Seneca Co. (v. ante under 1813, Ch. 
199) be sold and the proceeds divided between Ithaca Academy 
and Seneca County, the latter half to be kept for the benefit of an 
academy in the County, proceeds heretofore accruing from leasing 
said land to be divided also. 



196 EDUCATIONAL LEGISLATION IN NEW YORK 

1826 (Ch. 112) Johnstown. 

♦Granted $1,600 toward a building or repairs or a library or chemical 
apparatus. In 1827 (Ch. 207) it was directed that surplus be in- 
vested and interest used for instruction or for a library or chemical 
apparatus. 

1826 (Ch. 172) Ovid. 

Granted the half lot given to Seneca County by law of 1825 (Ch. 
308). (v. also under 1813, Ch. 199). 

1826 (Ch. 205) Lewiston. 

Granted the right to lease ferry lot at Lewiston and use the proceeds. 
This right was renewed in 1833 (Ch. 93) and 1843 (Ch. 111). 

1826 (Ch. 103) St. Lawrence— v. under 1825 (Ch. 110). 

1826 (Ch. 105) Lowville— v. under 1824 (Ch. 275). 

1826 (Ch. 128) Auburn— v. under 1825 (Ch. 266). 

1826 (Ch. 176) Middlebury— v. under 1823 (Ch. 52). 

1827 (Ch. 55) Red Hook— v. under 1824 (Ch. 323). 
1827 (Ch. 70) Rochester High School. 

Granted permission to raise $4,000 by tax in two years. In 1828 
(Ch. 131) permission was given to raise all the money in one year. 
1827 (Ch. 207) Johnstown— v. under 1826 (Ch. 112). 

1827 (Ch. 329) Auburn— v. under 1825 (Ch. 266). 

1828 (Ch. 46) LowviUe— v. under 1818 (Ch. 134). 
1828 (Ch. 131) Rochester H. S.— v. under 1827 (Ch. 70). 
1828 (Ch. 177) St. Lawrence— v. under 1816 (Ch. 148). 

1828 (Ch. 234) Frankhn. (Steuben Co.) 

♦Granted $2,000 from a debt due the state from George McClure, 
money to be used for philosophical apparatus and library. 

1829 (Ch. 332) Rochester High School. To raise funds by mortgage. 
1831 (Ch. 51) Rochester High School. To raise funds by tax. 

1833 (Ch. 249) Ogdensburgh. 

Supervisors of St. Lawrence County authorized to levy tax on town 
of Oswegatchie sufficient to raise $2,000 for an academy. 

1834 (Ch. 173), Ogdensburgh. 

Trustees of academy authorized to grant licenses for a ferry across 
the St. Lawrence and use revenue for academy. Granted for ten 
years. Renewed for ten years by act of 1844 (Ch. 64). 

1835 (Ch. 169) St. Lawrence. 

Supervisors of St. Lawrence County granted permission to levy 
taxes to amount of $500 for two years on the town of Potsdam for 
St. Lawrence academy, the money to be used in erecting additional 
building and for nothing else. 
1835 (Ch. 241) Canton. 

Supervisors of St. Lawrence County authorized to raise $500 by 
tax, the interest to go to the support of Canton Academy. The 
present proprietors are directed first, to convey academy property 
to the trustees of the "gospel and school lot" of said town of Can- 
ton. Interest on the said $500 not to be paid except on evidence 
that "a competent classical school" has been kept for eight months 
of the preceding year. 



EDUCATIONAL LEGISLATION IN NEW YORK 197 

1836 (Ch. 29) Franklin (Franklin Co.) 

Granted a loan of $2,000 from common school fund to be paid with 
interest at 6% by the town of Malone; this amount to be raised by 
taxation as other taxes are raised, in four instalments, in the years 
1836, 1837, 1838, and 1839. 

1836 (Ch. 63) Lowville. 

Granted a loan of $2,000 on same terms as under 1836 (Ch. 29) 
above. In 1841 (Ch. 265) it was provided that money not raised in 
1839 as above provided should be raised in 1842. 

1836 (Ch. 81) Ithaca. 

Trustees permitted to sell any of their real estate in Ithaca and 
invest proceeds in lands and in suitable buildings, or to loan pro- 
ceeds and use the interest. 

1836 (Ch. 523) Academy or High School at Sandy Hill. 
Freeholders and inhabitants of Sandy Hill authorized to levy a 
tax not exceeding $3,000 for erecting a suitable building for an aca- 
demy. (This school was never opened.) 

1837 (Ch. 151) Canton. 

Granted permission to raise by taxation $5,000 a year for three 
years, provided individual citizens first raise an equal amount, or 
have secured by mortgage the interest on such sums to be paid an- 
nually for twenty years. 

1838 (Ch. 271) Hudson. 

Bond for $5,000 with interest dated March 3, 1813, and held by 
the state, canceled. 

1839 (Ch. 64) Gouverneur High School. 

Granted loan of $2,000 from common school fund for rebuilding 
an academic building, to be repaid by taxation during four years 
as provided under 1835 (Ch. 241) above. If the trustees fail to 
keep a school for one year, $2,000 worth of property to revert 
to the town. 
1839 (Ch. 254) Genesee Wesleyan Seminary. 

Loan of $10,000 from common school fund for ten years at 6%. 
Secured by mortgage and insurance. In 1844 (Ch. 253) it was 
provided that $2,000 annually for six years be paid from surplus 
revenues of U. S. deposit fund to be appUed to payment of principal 
and interest of above loan. 

1841 (Ch. 85) St. Lawrence. 

Loan of $2,000 from common school fund for ten years at 7%. 

1842 (Ch. 113) WalkiU. 

Authorized to borrow $2,000 for six years at 7% to finish their 

building. (Source not specified.) 
1844 (Ch. 64) Ogdensburgh— v. under 1834 (Ch. 173). 
1844 (Ch. 253) Genesee Wesleyan Seminary — v. under 1839 (Ch. 

254). 
1847 (Ch. 258) Genesee Wesleyan Seminary— $2,300 annually for both 

1847 and 1848 from U. S. deposit fund. 



198 EDUCATIONAL LEGISLATION IN NEW YORK 

1847 (Ch. 258) Delhi. 

Paid $289.50 being the interest at 6% on $4,825 held by the comp- 
troller in trust for the academy by the law of 1819 (Ch, 170). 

1848 (Ch. 234) Cambridge— Washington Coimty. 

Personal estate of "Margaret McClelland, a lunatic who died 
without heirs" assigned to said academy. Amount not stated. 

1848 (Ch. 381) Genesee Wesleyan Seminary. 
Granted from U. S. deposit fund $2,300 for 1849. 

1849 (Ch. 301) Delhi. 

$289.50 for each 1849 and 1850 as above under 1847 (Ch. 258). 
1849 (Ch. 301) Dutchess County Academy. 
From U. S. deposit fund $4,000. 

1849 (Ch. 301) St. Lawrence. 
From U. S. deposit fund $2,000. 

1850 (Ch. 259) Alfred. 

Loan of $10,000 authorized. 



APPENDIX C 

List of miscellaneous societies^ incorporated before 1850, having 
some educational purpose. 

1. The Society of Mechanics and Tradesmen in the city of New 
York for relief of indigent members and their widows and orphans. 
1792, Ch. 26; incorporation continued 1811, Ch. 113; authorized 
to estabHsh a school for the education of children of indigent or 
deceased members and to receive money from school commissioners 
in proportion to the number of children taught gratuitiously and 
also to support an apprentices' library. 1821, Ch. 15. 

2. The Society of Mechanics of the City and vicinity of Albany for 
purpose of education and charity; to erect a school house or 
place of instruction for the children of members. 1801, Ch. 21. 

3. Catskill Mechanical Society for the reUef of indigent members, 
widows and orphans of members. 1807, Ch. 45. 
Authorized to estabHsh an apprentices' library. 1826, Ch. 101. 

4. Mechanics' Humane Society of Poughkeepsie. 1808, Ch. 235. Incor- 
poration extended to 1860 and authorized to establish an appren- 
tices' library in Troy. 1826, Ch. 279. 

5. Society of Teachers of the City of New York for benevolent and 
literary purposes, to care for "decayed teachers" and their families 
and to discuss literary subjects. 1811, Ch. 155. 

6. Society of Mechanics in Canandaigua, for relief of poor members 
and education of their children. 1813, Ch. 97. 

7. Literary and Philosophical Society of New York to encourage all 
laudable attempts to promote the useful arts, diffuse knowledge 
and to enUghten the human mind. 1814, Ch. 60. 

8. Lyceum of Natural History (New York City,) to promote the 
progress of science. 1818, Ch. 197. 

9. Troy Lyceum of Natural History, to disseminate a knowledge 
of natural history and other sciences. 1820, Ch. 62. 

10. Hudson Lyceum of Natural History. 1821, Ch. 83. 

11. New York Nautical Institution and Ship Masters' Society to 
promote nautical skill and knowledge, acquisition of the natural 
sciences and for benevolent purposes. 1821, Ch, 121. 

*It will be observed that the earhest of such societies were apparently formed 
chiefly for extending pecuniary aid to indigent numbers or their widows and orphans. 
Some also estabUshed schools for the children of members. After the establishment 
of the common school system this latter object naturally rarely appears. After 
1820 the interest in the diffusion of scientific knowledge appears; popular lectures 
are provided for and Ubraries, reading rooms and collections of various sorts figure 
largely. 



200 EDUCATIONAL LEGISLATION IN NEW YORK 

12. Catskill Lyceum of Natural History. 1822, Ch. 41. 

13. Delaware Chemical and Geological Society to promote a knowledge 
of chemistry and geology and other useful sciences and for the 
encouragement of agriculture and domestic manufactures. 1822, 
Ch. 181. 

14. New York Mechanics' and Scientific Institution. To institute and 
maintain scientific and practical lectures applicable to the arts 
and for collecting and forming a repository of apparatus, books, 
drawings, models of machinery, tools a:nd generally for enlarging 
the knowledge and improving the condition of mechanics, artisans 
and manufacturers. 1822, Ch. 88. 

15. Albany Lyceum of Natural History. 1823, Ch. 237. 

16. Became Albany Institute. 1829, Ch. 43. 

17. Utica Lyceum. 1826, Ch. 18. 

18. New York Athenaeum for the better cultivation of literature, 
science and arts. 1826, Ch. 285. 

19. Buffalo Lyceiun to promote literature, science and the arts. 1832, 
Ch. 145. 

20. Mechanics' Institute of the City of New York to diffuse knowledge 
throughout mechanical classes, to found lectures, to create a 
library and museum for the benefit of mechanics and to estabhsh 
schools for the education of their youths. 1833, Ch. 209. 

21. Utica Mechanics' Association. 1833, Ch. 91. 

22. Ithaca Mechanics' Society. For benevolent purposes and "to 
improve themselves in mechanic arts and sciences and literature 
generaUy." 1835, Ch. 79. 

23. Mechanics' Society of Buffalo. To establish a library and free 
school. 1836, Ch. 175. 

24. Oswego Mechanics' and Manufacturers' Association. 1836, Ch. 330. 

25. Skaneateles Mechanics' Literature Association. 1836, Ch. 345. 

26. Stuyvesant Institute (New York City). For the diffusion of 
useful knowledge by popular lectures, the establishment of a 
library, a museum, or cabinet of natural history and a reading 
room. 1836, Ch. 466. 

27. Elmira Mechanics' Society. 1836, Ch. 516. 

28. Poughkeepsie Mechanics' Association. 1836, Ch. 519. 

29. American Society for the diffusion of useful knowledge and for 
education in science and arts. 1837, Ch, 459. 

30. Mechanics' Literary Association of Rochester. 1839, Ch. 36. 

31. Brooklyn Natural History Society. 1841, Ch. 55. 

32. Auburn Literary Association to establish and maintain a library, 
reading room, literary and scientific lectures and other means for 
promoting moral and intellectual improvement. 1841, Ch. 108. 

33. Plattsburgh Lyceum. 1841, Ch. 207. 

34. Hamilton Literary Ass'n. of Brooklyn. 1842, Ch. 122. 

35. Penn Yan Washington Ass'n. 1842, Ch. 200. 

36. Batavia Lyceum. 1843, Ch. 150. 



EDUCATIONAL LEGISLATION IN NEW YORK 201 

37. Amsterdam Literary Ass'n. for establishing, maintaining, endowing, 
and conducting a literary institution for mental improvement. 1844, 
Ch. 143. 

38. Williamsburgh Lyceum. 1845, Ch. 198. 

39. Freeman's Hall Ass'n. Brooklyn. To erect a building for a museum, 
library, and reading room, apartments for natural history, science 
and the arts, school, lecture and meeting rooms, and to provide 
for the education of orphan children. 1845, Ch. 204. 

40. Union Lyceum of Lyons. 1846, Ch. 101. 

41. Polish Slavonian Literary Ass'n. For the diffusion of knowledge 
concerning the literature, history and science of the Slavonian 
race. 1846, Ch. 41. 

In 1848 (Ch. 319) an act was passed for the incorporation of benevo- 
lent, charitable, scientific and missionary societies which provided that 
persons desiring to associate themselves for such purposes should file 
a certificate, stating their purpose, with the Secretary of State and with 
the County Clerk and that ipso facto they would become a body poUtic 
and corporate. Consequently the laws of 1848-1850 do not show any 
incorporations of this sort. 

Besides these societies, attention should be called to the Academy 
for the Promotion of the Arts, chartered in 1808, (Ch. 6), the name of 
which was changed to American Academy of Fine Arts in 1817 (Ch. 124); 
to the National Academy of Design, chartered in 1828 (Ch. 173); and to 
the New York Sacred Music Society chartered in 1829 (Ch. 345). 



APPENDIX D 

Chronological List or Titles & Dates of 
Laws Relative to Education 1777-1850^ 

Chapter 

1781 32 ^An act for raising two regiments for the defense of this 

state on bounties of unappropriated lands. March 20. 

1782 22 An act for raising troops to complete the line of this state 

in the service of the U. S. and the two regiments to be 
raised on bounties of unappropriated lands and for the 
the further defense of the frontiers of this state. March 
23. 

1784 18 An act providing for the incorporation of religious socie- 

ties the trustees of which shaU have power to erect meeting 
houses, school houses and other building for the use of 
the church. April 6. 

" 51 An act for granting certain privileges to the coUege here- 

tofore called King's College, for altering the name and 
charter thereof, and erecting a university within this 
state. May 1. 

" 60 An act to encourage the settlement of waste and unappro- 

priated lands within this state. May 10. 

" 15 An act to amend the act of 1784 Chapter 51. 

(8th Session 1st Meeting.) Nov. 26. 

1785 66 An act to facihtate the settlement of the waste and unap- 

propriated lands within this state and for repeaUng the 
act therein mentioned (1784 Chapter 60). April 11. 

1786 54 An act to promote literature (Dutch Reformed church 

given power to erect an academy.) April 29. 

" 67 An act for the speedy sale of unappropriated lands within 

this state and for other purposes. May 5. 

^ Acts for incorporation of academies are not included in this list. For such acts 
see Appendix A. 

2 This and other acts relative to unappropriated lands contain references to lands 
set apart for purposes of education. 



EDUCATIONAL LEGISLATION IN NEW YORK 203 

1787 82 An act to institute a university within this state and 

for other purposes. April 13. 

1788 62 An act for the better settlement and relief of the poor. 

March 7. 

1789 32 An act for the sale and disposition of lands belonging 

to the people of this state. Feb. 25. 

" 44 An act to appropriate the lands set apart to the use of 

the troops of the line of this state lately serving in the 
army of the U. S. and for other purposes. Feb. 28. 

1790 38 An act for the further encouragement of literature. Mar. 

31. 

" 59 An act to carry into effect the concurrent resolutions 

and acts of the legislature for granting certain lands 
promised to be given as bounty lands and for other 
purposes. Apr. 6. 

1791 41 An act for building a school house and maintaining a 

school in the town of Clermont. Mar. 21. 

" 45 An act to enable the regents of the university to establish 

a college of physicians and surgeons. Mar. 24. 

1792 69 An act to encourage literature by donations to Columbia 

College, and to the several academies in the state. Apr. 
11. 

1794 54 An act for the further sale of unappropriated lands of 

this state. Mar. 27. 

1795 29 An act concerning the legacy bequeathed by David Jones 

for the benefit of a charity school. Mar. 24. 

" 55 An act relative to the town of Schenectady. (Schenec- 

tady Academy changed to Union College.) Apr. 6. 

" 75 An act for the encouragement of schools. Apr. 9 

" 76 An act for the payment of ofi&cers of the government 

and other contingent expenses. (Money to Union Col- 
lege.) Apr. 9. 

1796 49 An act to amend 1795 Chapter 75. Apr. 6. 



204 




1796 


50 


» 


57 



EDUCATIONAL LEGISLATION IN NEW YORK 

An act relative to certain confiscated lands in the coun- 
ties of Saratoga and Montgomery. Apr. 6. 

An act for the payment of certain officers of the govern- 
ment for other contingent expenses. (Appropriation to 
Columbia continued.) Apr. 11. 

" 69 An act for the further direction of the commissioners of 

the land office. (Relative to Gospel and School lots). 
Apr. 11. 

1797 34 An act further to amend 1795 Chapter 75. Mar. 10. 
" 65 An act respecting Union College. Mar. 30. 

1798 48 An act relative to the lots of land reserved for the support 

of gospel and schools, and for the promotion of Hterature 
in the mihtary tract of the county of Onondaga. Mar. 23. 

" 86 An act to raise a sum of money for building a court house 

and gaol in Delaware Co. and for other purposes. (Re- 
lating to the division of school money when counties 
are divided.) Apr. 4. 

1799 46 An act to incorporate the town of Stephentown for the 

purposes therein mentioned. Mar. 23. 

" 93 An act to raise a sima of money for the use of this state 

by a tax and for the further support of the government. 
Apr. 3. 

1800 19 An act to augment the funds of Union College in the 

town of Schenectady. Mar. 7. 

" 63 An act to direct the distribution of the money appropria- 

ted by law for the encouragement of schools in the coun- 
ties of Rockland and Orange. Mar. 25. 

" 67 An act to amend an act entitled "An act to divide the 

county of Clinton and for other purposes." (Division 
of Gospel and School lots). Mar. 28. 

" 101 An act relating to the Oneida tribe of Indians. Apr. 4* 

" 112 An act relative to Oxford Academy. Apr. 7. 

1801 11 An act concerning apprentices and servants. Feb. 20. 



EDUCATIONAL LEGISLATION IN NEW YORK 205 

1801 21 An act to incorporate the society of mechanics of the city 

and vicinity of Albany for purposes of education and 
charity. Mar. 6. 

" 69 An act concerning the commissioners of the land office 

and the settlement of lands. Mar. 24 

" 71 An act to amend 1800 Chapter 19. Mar 24. 

" 126 An act for the encouragement of literature. Apr. 3. 

" 147 An act relative to Indians. Apr. 4. 

" 189 An act directing certain monies to be applied to the use 
of free schools in New York City. Apr. 8. 

" 195 An act for the payment of certain officers of the govern- 
ment. (Relative to Ch. 75, 1795) Apr. 8. 

1802 30 An act relative to academies. Mar. 8. 

" 50 An act for the benefit of St. Regis Indians. Mar. 26. 

" 58 An act providing for the erecting of certain buildings for 

the Tuscarora and Seneca tribes of Indians. Mar. 30. 

" 65 An act directing the treasurer of this state to pay to the 

treas. of Ontario Co. a sum of money to which the Co. 
is entitled under the act for the encouragement of schools. 
Mar. 30. 

Amendment to 1790 Chapter 38. Apr. 3. 

Supply Bill. Money received for common schools to 
be placed at interest. Apr. 6. 

An act for the establishing of schools in New Stockbridge 
for the instruction of Indian children. Feb. 28. 

An act to incorporate the society for propagating the 
gospel among the heathen formed by members of the 
Episcopal Church of the United Brethren. Feb. 29. 

An act relative to unappropriated lands. Apr. 11. 

Amendment to 1804 Chap. 7. Mar. 16. 

An act for the endowment of Union College. Mar. 30. 



>J 


105 


1803 


103 


1804 


7 


i) 


14 


n 


111 


1805 


41 


» 


62 



206 




1805 


66 


5> 


108 



EDUCATIONAL LEGISLATION IN NEW YORK 

An act to raise a fund for the encouragement of common 
schools. Apr. 2. 

An act to incorporate the society instituted in the city 
of New York for the establishment of free schools for the 
education of poor children, who do not belong to or are 
not provided for by any religious society. Apr. 9. 

" 136 An act for the rehef of the inhabitants residing on the 
20 townships in the Co. of Chenango. Apr. 10. 

1806 52 An act to incorporate the Trustees of the first Protestant 

Episcopal Charity School in the city of New York. 
Mar. 11. 

" 63 An act respecting the Free School of St. Peter's Church 

in the city of New York. Mar. 21. 

" 73 An act for the rehef of the trustees of Cajoiga Academy. 

Mar. 21. 

" 125 An act to amend 1805 Chapter 108. Apr. 2. 

" 161 An act to amend 1801 Chapter 147. Apr. 7. 

1807 9 Incorporation of the New York Masons' Society for 

charitable purposes and for "EstabUshing a school for 
the education of the children of deceased and indigent 
members." Feb. 20. 

" 20 An act for the encouragement of free schools in the city 

of N. Y. Feb. 27. 

" 32 An act further to increase the common school funds. 

Mar. 13. 

" 135 An act relative to the lots of land reserved for the support 
of the gospel and schools, in the Cos. of Onondaga, Cayu- 
ga and Seneca. Apr. 4. 

" 171 An act concerning lotteries. Apr. 6. 

" . 179 An act to incorporate the Orphan Asylum Society, in 
the City of New York. Apr. 7. 

1808 19 An act to incorporate the society, formed in the state of 

New York for promoting the manumission of slaves, and 
protecting such of them as have been or may be Uberated. 
Feb. 19. 



EDUCATIONAL LEGISLATION IN NEW YORK 207 

1808 126 An act respecting Union College. Apr. 1. 

" 193 An act giving an additional term of the General Sessions 
of the Peace and for other purposes. (Section 4. Relative 
to the investment of school funds). Apr. 8. 

" 194 An act to divide Onondaga Co. (Sec. 13) Apr. 8. 

" 218 An act to amend 1798, Chap. 48. Apr. 11. 

1808 9 An act making further provision for the erection of an 
(32nd Session) Arsenal and for other purposes. (Lottery for College of 

Physicians & Surgeons.) Nov. 8. 

1809 72 An act for dividing the lot set apart for gospel and school 

in the town of Romulus, between Romulus and the town 
of Fayette. Mar. 17. 

1810 5 An act to vest certain powers in the supervisors and 

assessors of the several towns in the County of CHnton. 
Feb. 17. 

" 50 An act for promoting medical science in the state of New 

York. Mar., 12. 

" 53 An act directing the payment of a sum of money borrowed 

by the trustees of Union College on the credit of the state 
from the Bank of Albany, and for other purposes. Mar. 
16. 

" 85 An act relative to Columbia College in the city of New 

York. Mar. 23. 

" 96 An act to alter the plan of the Village of Lewiston, on 

the Niagara River. (§11 Money to be used for Common 
School). Mar. 30. 

" 152 An act to amend an act entitled, "An act for establishing 
schools in New Stockbridge, for the instruction of Indian 
children." 1804, Ch. 7. Apr. 5. 

" 159 An act to render the fund for the support of common 
schools more productive. Apr. 5. 

" 196 An act concerning the clerks of the Supreme Court of 
this state and for other purposes. (§5 Relative to a 
school money.) Apr. 6. 



208 EDUCATIONAL LEGISLATION IN NEW YORK 

1811 20 An act authorizing the trustees of Union College to invest 

the monies heretofore granted to them by this state, in 
the capital stock of the Mohawk Bank. Feb. 22. 

" 49 An act relative to the trustees of conmion schools in 

the town of Jerico. Mar. 15. 

" 55 An act extending the time for the payment of school 

fund loans. Mar. 22. 

" 83 An act to provide for the punctual payment of the prizes 

in Union College Lottery Number 2. Mar. 29. 

" 84 An act for the further encouragement of free schools 

in the city of New York. Mar. 30. 

" 104 An act to mcorporate the trustees of the Somers Village 
School. Apr. 3. 

" 155 An act to incorporate the society of teachers in the city 

of New York, for benevolent and literary purposes. 
Apr. 4. 

" 246 An act for the payment of certain officers of government 
and for other purposes. (Money to Shearith Israel; 
money to Columbia; commission appointed on a system 
of common schools.) Apr. 9. 

1812 6 An act to render the Provost of Columbia College elegible 

to be a trustee. Feb. 14. 

" 12 An act to sell the public lot of Genoa. Feb. 21. 

" 20 An act to provide for the election of an additional nimiber 

of trustees in the Free School Society of New York, and 
for other purposes. Feb. 28. 

" 26 An act to incorporate the Poughkeepsie Humane Society. 

(For the care and education of poor children.) Mar. 6. 

" 35 An act for the relief of certain borrowers from the Com- 

mon School Fund. Mar. 20. 

" 55 An act to incorporate the Albany Lancaster School So- 

ciety. May 26. 



EDUCATIONAL LEGISLATION IN NEW YORK 209 

1812 131 An act to enable the regents of the university to establish 

a college of physicians and surgeons in the town of Fair- 
field, in the County of Herkimer. June 12. 

" 147 An act to incorporate the trustees of Union School, in 
Milton. June 12. 

" 177 An act relative to the lots appropriated for the support 
of the gospel and schools on the twenty townships west 
of the Unadilla River, in the Counties of Chenango, 
Madison and Oneida, and for other purposes. June 16. 

" 222 An act for the endowment of the College of Physicians 
and Surgeons of the Western District. June 19. 

" 237 An act for the endowment of Hamilton College, and for 
other purposes. (Charter to College of Physicians and 
Surgeons confirmed.) June 19. 

" 242 An act for the establishment of common schools. June 19. 

1813 29 An act to amend act 1812 Chapter 55. Feb. 12. 

_ " 52 Anact supplementary to the act entitled, "An act for the 

estabhshment of Common Schools." 1812, Ch. 242. 
Mar. 12. 

" 87 An act to incorporate the Female Association of the city 

of New York, and to amend the act relative to the Geneva 
Friendly Society. (For the education and care of poor 
children.) Mar. 26. 

" 97 An act to incorporate the Society of Mechanics in the 

village of Canandaigua, for the purpose therein mentioned. 
(Education of orphans ) Apr. 2. 

" 98 An act extending the time, and continuing in force for 

a Umited period, certain banking incoiporations in this 
state, and for other purposes (Concerning funds belonging 
to Columbia and Hamilton Colleges invested in bank 
stock.) Apr. 2. 

" 100 An act concerning the Gospel and School Lots. Apr. 2. 

" 128 An act relative to Union College Lottery. Apr. 5. 

" 185 An act authorizing the Comptroller to loan monies be- 
longing to the School Fund, and for other purposes. Apr. 
12. 



210 EDUCATIONAL LEGISLATION IN NEW YORK 

1813 187 An act directing the sale of certain lands for the benefit 

of Academies. Apr. 12. 

" 199 An act to authorize the sale of lands appropriated for the 
promotion of literature. Apr. 13. 

" 203 An act for the payment of certain officers of Government, 
and for other purposes. (§28 Relative to Albany Lan- 
caster School.) Apr. 13. 

1814 27 An act to amend an act entitled, "An act for the estab- 

lishment of Common Schools. " 1812 Ch. 242. Mar. 4. 

" 42 An act to incorporate the Poughkeepsie Lancaster School 

Society. Mar. 11. 

" 57 An act to incorporate the Ursuline Convent of the City of 

New York. Mar. 25. 

" 60 An act to incorporate the Literary and Philosophical 

Society of the city of New York. Mar. 25. 

" 71 An act for the rehef of Cayuga Academy. Mar. 25. 

" 79 An act relative to Erasmus Hall. Apr. 1. 

" 83 An act to amend an act entitled, "An act directing the 

sale of certain lands for the benefit of Academies." 
1813, Ch. 187. Apr. 1. 

" 112 An act confirming the division of the lots, appropriated 

for the Gospel and Schools on the Twenty Townships, 
west of the Unadilla River, in the counties of Chenango, 
Madison and Oneida. Apr,, 9, 

" 120 An act instituting a Lottery for the promotion of literature 
and for other purposes. Apr. 13. 

" 127 An act to build a bridge over Genesee River, and for other 

purposes. (To authorize a levy for the County School 
tax.) Apr. 13. 

" 192 An act for the better estabfishment of Common Schools. 
Apr. 15. 

" 194 An act authorizing the apphcation of the common school 
monies in the Village of Athens and in the city of Hudson, 
to the education of poor children. Apr. 15. 



EDUCATIONAL LEGISLATION IN NEW YORK 211 

1814 200 An act for the payment of certain officers of Government, 

and for other purposes. (Relative to Union College and 
Onondaga Academy.) Apr. 15. 

1815 90 An act for the relief of the Montgomery Academy. 

Mar. 24. 

" 115 An act to enable the trustees of School District Number 

7, in the town of Bath, to hold by deed a certain lot therein 
mentioned. Mar. 31. 

" 207 An act to amend the act entitled ''An act relative to the 
University." Apr. 17. 

" 252 An act to amend the act entitled "Establishment of 
Common Schools" 1814, Ch. 192. Apr. 18. 

1816 13 An act relative to the Lansingburgh Academy. Feb. 20. 

" 87 An act to incorporate a school for people of color, in the 

city of Albany. Apr. 12. 

" 90 An act for the sale of certain unappropriated lands, in 

the county of Otsego. Apr. 12. 

" 131 An act to incorporate the city of Troy. Apr. 12. 

" 148 An act to vest the title to certain lands in the trustees 
of St. Lawrence Academy. Apr. 15. 

" 166 An act directing the incorporation of the Hartwick 
Seminary. Apr. 17. 

" 202 An act concerning the Gospel and School Lot in the town 
of Chenango and county of Broome, and for other pur- 
poses. Apr. 17. 

" 12 An act to incorporate the Schenectady Lancaster School 

(2nd Session) Society. Nov. 12. 

1817 87 An act to incorporate the Catskill Lancaster School. 

Mar 14. 

" 89 An act relative to Academies. Mar. 14. 

" 91 An act for the reUef of Hamilton College. Mar. 18. 



212 EDUCATIONAL LEGISLATION IN NEW YORK 

1817 109 An act authorizing a loan of money to the trustees of 

the College of Physicians and Surgeons of the city of 
New York. Mar. 21. 

" 124 An act to amend the act entitled, "An act to incorporate 
the academy instituted in the city of New York, for the 
promotion of arts" 1808, Ch. 6. Feb. 12. See Appendix 
C p. 201. Mar. 28. 

" 145 An act respecting the Free School Society of New York. 

Apr. 5. 

" 150 An act to enable the trustees of the Hartwick Seminary 
to sell and convey real estate. Apr. 5. 

" 151 An act for the relief of the trustee? of the twelfth school 
district of the town of Whitestown, in the county of 
Oneida. Apr. 5. 

" 192 An act to incorporate the village of Utica. Apr. 7. 

" 203 An act relative to the gospel and school lot in the town 
of Eastern, in the county of Chenango. Apr. 11. 

" 250 An act to incorporate the Hannibal and Volney Bridge 
Co. and for other purposes. (Concerning Lewiston 
School Fund.) Apr. 15. 

" 264 An act to incorporate the members of the New York 
institution for the instruction of the deaf and dumb. 
Apr. 15. 

" 272 An act for the incorporation and support of the Hudson 
Lancaster Society. Apr. 15. 

" 274 An act to incorporate the Baptist Theological Seminary 
and for other purposes. Apr. 15. 

' " 286 An act to incorporate the Roman Catholic Benevolent 
Society in the city of New York. (Education of orphan 
children.) Apr. 15. 

1818 105 An act concerning common schools in the village of 

Lewiston. Apr. 10. 

" 128 An act relative to the managers of a free school in the 
town of Flushing, in Queens County. Apr. 10. 



EDUCATIONAL LEGISLATION IN NEW YORK 213 

1818 134 An act for the support of Lowville Academy. Apr. 10. 

" 148 An act for the relief of the town of Providence, in the 
county of Saratoga. (Relative to school money.) Apr. 
15. 

" 153 An act to revive the act entitled, "An act to incorporate 
the society of teachers in the city of New York, for bene- 
volent and literary purposes. (First incorporation April 
4, 1811.) Apr. 15. 

" 157 An act relative to the north half of the Gospel and School 
Lot in the town of Guilford in the county of Chenango. 
Apr. 15. 

" 176 An act concernmg the Gospel and School Lot in the town 
of Hector. Apr. 17. 

" 184 An act to incorporate the Hamilton Free School and for 
other purposes. Apr. 17. 

" 192 Charter of Schenectady Academy revived. Apr. 17. 

" 197 An act to incorporate the Lyceum of Natural History, 
in the city of New York. Apr. 20. 

" 199 An act to incorporate the Richmond County Society 
for the education and protection of orphans and destitute 
children, and for the promotion of virtue and reUgion. 
Apr. 20. 

" 222 An act to organize the militia. (Teachers in colleges, 
academies, and common schools exempt.) Apr. 21. 

" 229 An act concerning the Gospel and School Lot in the town 
of Preble, in the county of Cortland. Apr. 21. 

" 243 An act authorizing a loan to the president and directors 
of the Mohawk Turnpike Company. (Loan to be out of 
common school fund.) Apr. 21. 

" 257 An act to loan money from the School fund. Apr. 21. 

" 275 Payment of Officers of Government. ($300 additional 
to Superintendent.) Apr. 21. 

1819 19 An act relative to Columbia College, in the city of New 

York. Feb. 19 



214 EDUCATIONAL LEGISLATION IN NEW YORK 

1819 35 An act to incorporate to the Baptist Education Society 

of the state of New York. Mar. 5. 

55 An act for the relief of the trustees of the Washington 
Academy. Mar. 19. 

65 An act for the relief of the Free School Society in the city 
of New York. Mar. 26. 

85 An act relative to the Gospel and School Lot in CHnton 
Township, now the town of Bambridge, in the county 
of Chenango. Apr. 2. 

122 An act to enable the trustees of the Montgomery Academy 
to erect a new building. Apr. 9. 

161 An act for the support of Common Schools. Apr. 12. 

164 An act for the rehef of the town of Cicero. (Relative 
to the school lots.) Apr. 12. 

168 An act respecting the Female Association. (Use of 
school money prescribed.) Apr. 12, 

170 An act concerning an academy in the county of Delaware. 
Apr. 12, 

212 An act to change and increase the fund for the support 
and encouragement of Common Schools and for other 
purposes. Apr. 13. 

222 An act concerning Quit Rents and to increase the Hterature 
and school funds respectively. Apr. 13. 

224 An act to amend Chap. 177 of 1812. Apr. 13. 

238 An act in aid of the institution for the instruction of the 
deaf and dumb. Apr. 13. 

239 An act for the more speedy collection of money arising 
from the rent and profits of gospel and school lots. Apr. 
13. 

1820 33 An act to provide for a deficit in the fund to be distributed 

for the benefit of common schools. Feb. 4. 

" 62 An act to incorporate the Troy Lyceum of Natural 

History. Mar. 7. 



EDUCATIONAL LEGISLATION IN NEW YORK 215 

1820 115 An act relative to the common lands of the free holders 
and inhabitants of Harlaem. (Money to be used for 
schools.) Mar. 28. 

" 121 An act for the further support of the College of Physicians 
and Surgeons of the Western District. Mar. 30. 

" 122 An act for the more easy pleading in certain suits, and 
for the relief of School Districts No. 6 and 14, in the town 
of Deerfield and county of Oneida. Mar. 30. 

" 124 An act for the payment of the ofi&cers of Government 
therein mentioned. (To the Superintendent of schools 
.) Apr. 1. 



N " 127 An act relative to the Roman Cathohc Benevolent Society 
in the city of New York. Apr. 1. 

" 143 An act for the relief of the trustees of School Districts, 
No. 1, 14 and 17, in the town of Otsego. Apr. 4. 

" 171 An act relative to certain schools in the city of Hudson. 

Apr. 11. 

" 215 An act to incorporate the Presbyterian Theological 
Seminary established by the Synod of Geneva, at Auburn 
in the county of Cayuga. Apr. 14. 

" 224 An act for the relief of certain school districts. (Relative 
to reports.) Apr. 14. 

" 232 An act to enable the Mayor, Aldermen and Commonalty 
of the city of Albany to dispose of their public lands 
by a lottery. (Money to be used for schools.) Apr. 14. 

1821 15 An act to amend an act entitled, "An act relative to the 
General Society of Mechanics and Tradesmen of the 
city of New York," passed April 3, 1811. (To receive 
school money.) Jan. 26. 

" 30 An act authorizing the sale of Lot No. 1, in the town of 

Scipio. (For the benefit of schools.) Feb. 2. 

" 41 An act for the relief of the town of Rye. (Land to be 

sold for use of schools.) Feb. 9. 

" 43 An act to authorize the Surveyor General to convey to 

David M. Smith a lot of land in the village of Lewiston, 



216 EDUCATIONAL LEGISLATION IN NEW YORK 

and for other purposes. (Proceeds of land to be used 
for schools.) Feb. 9. 

1821 48 An act for the relief of certain school districts. (Late 

reports to be honored.) Feb. 16. 

" 54 An act directing a grant of land for the site of a school 

house, in School District No. 2, in the town of Fort 
Covington in the county of FrankUn. Feb. 16. 

" 61 An act relative to the incorporation of Lancastrian and 

other schools. Feb. 23. 

" 73 An act to provide for the payment of a deficit in the fund 

to be distributed for the support and encouragement of 
Common Schools. Feb. 28. 

" 91 An act concerning the Gospel and School Lot in the 

town in TuUy in the county of Onandaga. Mar. 13. 

" 112 An act to incorporate the trustees and inhabitants of 
Delhi and to invest them with certain powers. (Relative 
to schools.) Mar. 16. 

" ' 121 An act to incorporate the N. Y. Nautical Institution 
and Ship Master's Society. Mar. 23. 

" 123 An act respecting the Gospel and School Lot in the town 
of Oswego. Mar. 23. 

" 138 An act granting a building lot, in the village of Oneida 
Castleton to the Hamilton Baptist Missionary Society. 
(For a residence for the teacher.) Mar. 23. 

" 190 An act concerning the Gospel and School Lot in the town 
of Madrid and for other purposes. Mar. 30. 

" 233 An act to divide the town of Windsor. (School lot to 
Oxford Acad.) Apr. 3. 

" 250 An act for the pa3Tiient of certain ofi&cers of Government 
and for other purposes. (Money appropriated to 
. certain institutions and oflace of State Supt. of Common 
Schools abolished). Apr. 3. 

1822 3 An act concerning Lot No. 51, in the township of Fayette. 

(To be ceded to Oxford Academy.) Feb. 4. 



EDUCATIONAL LEGISLATION IN NEW YORK 217 

1822 10 An act authorizing the trustees of Cortland Academy 
to sell Lot No. 85, in the town of Homer. Feb. 4. 

" 14 An act concerning Lot. No. 24, in the town of Genoa in 

the County of Cayuga. (For the use of common schools.) 
Feb. 4. 

^ " 24 An act for the relief of the trustees of the Bethel Baptist 

Church in the city of New York. (Uses to which school 
money may be put after teachers have been paid. ) Feb. 8. 

" 38 An act for the relief of the trustees of the Albany Female 

Academy. Feb. 23. 

" 41 An act to incorporate the Catskill Lyceum of Natural 

History. Feb. 28. 

" 44 An act for the relief of the Commissioners of Common 

Schools in the town of Washington in the county of 
Dutchess, (Relative to an unequal apportionment of 
school money.) Feb. 28. 

" 45 An act for the relief of the trustees of Montgomery Acad- 

emy. Feb. 28. 

" 59 An act concerning the School Fund in the town of Otisco, 

in the county of Onondaga. (Relative to division of 
school money between certain towns.) Mar. 15. 

" 61 An act to provide for a deficiency in the School Fund. 

Mar. 15. 

" 70 An act to authorize the Freeholders and Inhabitants of 

the Oyster Bay to lease or otherwise regulate the Com- 
mon Lands. (One half the income to be used for common 
schools.) Mar. 15. 

" 88 An act to incorporate the New York Mechanic and 

Scientific Institution. Mar. 22. 

" 118 An act to divide the town of Chemung in the county of 
Tioga. (Apportionment of school money.) Mar. 29. 

" 134 An act for the relief of the College of Physicians and 
Surgeons, in the city of New York. Mar. 29. 



218 EDUCATIONAL LEGISLATION IN NEW YORK 

1822 149 An act concerning the Gospel and School Lot belonging 
to the towns of Ulysses, Enfield, and Ithaca. Apr. 5. 

" 150 An act to incorporate the General Theological Seminary 
of the Protestant Episcopal Church in the United States. 
Apr. 5. 

" 181 An act to incorporate the Delaware Chemical and Geolo- 
gical Society. Apr. 12. 

" 197 An act to authorize the trustees of Farmers' Hall Academy 
to be trustees of a Common School District, and for 
other purposes. Apr. 12. 

" 212 An act relative to the Gospel and School Lot in the 
town of Hector. Apr. 12. 

" 230 An act authorizing the trustees of the village of Johns- 
town in the county of Montgomery, and Ogdensburgh 
in the county of St. Lawrence, to license Grocers and 
Victuallers within the limits of the said villages and for 
other purposes. (Relative to a late report from school 
commissioners.) Apr. 16. 

" 234 An act to provide for the instruction of the indigent deaf 
and dumb within this state. Apr. 16. 

' " 256 An act to amend the act entitled, ''An act for the support 
of Common Schools." Ch. 212 of 1819. Apr. 17. 

" 269 An act concerning the Gospel and School Lot in the town 
of Galen. Apr. 17. 

1823 32 An act concerning the Gospel and School Lot in the town 
of Stockholm. Feb. 8. 

" 36 An act to amend an act entitled, "An act relative to the 

city of Schenectady." 1795, Ch. 55. Feb. 14. 

" 52 An act for the relief of the trustees of Middlebury Acad- 

emy in the county of Genesee. Mar. 3. 

" 56 An act for the improvement of the school fund. Mar. 8. 

" 76 An act concerning the Gospel and School Lots in the 

several towns of the county of St. Lawrence. Mar. 21. 



EDUCATIONAL LEGISLATION IN NEW YORK 219 

1823 134 An act relating to the Gospel and School lands, belonging 

to the town of Granby in the county of Oswego. Apr. 11. 

" 150 An act to authorize the trustees of the Oyster Bay Acad- 
emy to be the trustees of a school district. Apr. 12. 

" 156 An act for the relief of the trustees of School District 

No. 13, in the towns of Verona and Vernon, in the county 
of Oneida (Land ceded to district.) Apr. 12. 

" 189 An act to incorporate the Central Society for the in- 

struction of the deaf and dumb in this state. Apr. 19. 

' " 193 An act further amending the act for the support of Com- 
mon Schools. 1819 Ch. 161. Apr. 19. 

" 227 An act to incorporate the Albany Lyceum of Natural 
History. Apr. 23. 

" 229 An act authorizing the supervisors of the county of 
Tompkins to lease lot No. 24 in Ulysses. Apr. 23. 

" 230 An act relating to part of the avails of the Gospel and 
School Lot of the town of TuUy. Apr. 23. 

1824 5 An act confirming the sale of certain lands by the trustees 

of Manlius. Jan. 16. 

" 96 An act establishing the boundaries of the Uterature and 

gospel and school lots in the town of Madrid in the county 
of St. Lawrence. Mar. 17. 

" 126 An act to incorporate the Society for the Reformation 
of Juvenile Delinquents in the city of New York. Mar. 29. 

" 131 An act supplementary to an act entitled, "An act con- 
cerning the Gospel and School Lot in the town of Chenan- 
go and county of Broome and for other purposes," 
passed April 17, 1816. Mar. 30. 

" 141 An act concerning the Gospel and School Lot in the town 
of Sterling. Apr. 1. 

" 239 An act for the payment of certain Officers of Govern- 
ment and other persons therein named and for other 
purposes. (To make good the deficit in school funds.) 
Apr. 12. 



220 




1824 


267 


5> 


275 


, » 


276 



EDUCATIONAL LEGISLATION IN NEW YORK 

An act for the benefit of the Mount Pleasant Academy. 
Nov. 17. 

An act for the relief of the trustees of the Lowville Aca- 
demy. Nov. 19. 

An act relating to Common Schools in the city of New 
York. Nov. 19. 

" 302 An act for vesting the capital of the School Fund. Nov. 
24. 

" 307 An act concerning the Gospel and School Lands in the 
town of ColesviUe in the county of Broome. Nov. 24. 

" 313 An act to assign the public lands in Otsego County and 
the bonds on sales thereof, theretofore made to their 
respective fund. (That is to general funds, common 
school fund, and literature fund.) Nov. 24. 

" 323 An act making on appropriation for the Red Hook Acad- 
emy. Nov. 25. 

" 333 An act to increase the Common School Fund. Nov. 27. 

1825 7 An act relative to the Gospel and School Lot in Greene 

township in the town of Greene and county of Chenango. 
Feb. 5. 

" 106 An act relative to the Albany Academy. Apr. 8. 

" 107 An act in aid of the managers of the Society for the 
Reformation of Juvenile DeHnquents in the city of 
New York. Apr. 9. 

" 110 An act for the relief of the trustees of the St. Lawrence 
Academy. Apr. 9. 

" 141 An act relative to the Gospel and School lots in the town 
of Coventry in the county of Chenango. Apr. 13. 

" 153 An act authorizing the sales of Lot No. 43 in the Ed- 
meston Tract. (For the use of Common Schools.) Apr. 
14. 

" 166 An act extending and supplementary to certain acts 
providing for the indigent deaf and dumb within this 
state. Apr. 15. 



EDUCATIONAL LEGISLATION IN NEW YORK 221 

1825 226 An act for the relief of Fredonia Academy. Apr. 20. 

" 231 An act for the relief of the trustees of the Onondaga 
Academy. Apr. 20. 

" 260 An act to convey to St Lawrence Academy certain land. 
Apr. 20. 

" 266 An act for the relief of the Auburn Academy in the county 
of Cayuga. Apr. 20. 

" 294 An act concerning the Gospel and School Lots in the 
several towns in the county of St. Lawrence. Apr. 21, 

" 308 An act in addition to Chap. 199 of 1813. Apr. 21. 

1826 18 An act to incorporate the Utica Lyceum. Jan. 21. 

" 24 An act to amend Ch. 126 of 1824. Jan. 28. 

" 25 An act in relation to the Free School Society of New 

York. Jan. 28 

» 30 An act to amend Ch. 100 of 1813. Feb. 2. 

" 32 An act to authorize the High School Society of New 

York to increase their capital stock. Feb. 3. 

" 77 An act to incorporate the N. Y. House Carpenters, Archi- 

tectural and Benevolent Association. Mar. 14. 

" 103 An act to carry into effect the provisions of an act for 
the relief of the trustees of St. Lawrence Academy, 
passed April 9, 1825. Apr. 1. 

" 105 An act to carry into effect the provisions of Ch. 275 
passed Nov. 19, 1824. Apr. 1. 

" 112 An act for the relief of Johnstown Academy. Apr. 5. 

" 115 An act relative to certain school districts in the city of 
Hudson. Apr. 7. 

' " 117 An act to amend the act relating to Common Schools in 
the city of New York, passed Nov. 19, 1824. Apr. 8. 

" 118 An act to amend an act entitled, "An act for the relief 
of the town of Rye, " passed Feb. 9, 1821. Apr. 8. 



222 EDUCATIONAL LEGISLATION IN NEW YORK 

1826 121 An act for the relief of George Hall, Oliver W. Brewster 
and John Gridley, trustees of School District No. 28, 
in the town of Onondaga, in the county of Onondaga. 
Apr. 8. 

" 128 An act to amend an act entitled, "An act for the relief 
of the Auburn Academy in the county of Cayuga, " passed 
April 20, 1825. Apr. 8. 

" 135 An act for the relief of the trustees of School District 
No. 13 in the town of Lansing in the county of Tompkins. 
Apr. 10. 

" 162 An act relative to the Gospel and School Lot and the 
Literature Lot in the town of Owego in the county of 
Tioga. Apr. 12. 

" 176 An act in addition to an act entitled, "An act for the re- 
lief of the trustee of Middlebury Academy in the county 
of Genesee." 1823 Ch. 52. Apr. 13. 

" 185 An act to amend the several acts relating to the city of 
Albany and to combine the same into one act. Apr. 13. 

" 205 An act relating to the Lewiston School Fund. Apr. 15. 

" 220 An act concerning the Gospel and School Lots in the 
town of Governeur and of Morristown, in the county 
of St. Lawrence. Apr. 15. 

" 229 An act concerning the Gospel and School Lots in the town 
of SaUna and county of Onondaga. Apr. 1 7 . 

" 244 An act relative to the Gospel and School Lots and the 
Literature Lots in Sidney and De Kalb. Apr. 17. 

" 263 An act relative to the Ithaca Academy. Apr. 17. 

" 285 An act to incorporate the New York Athenaeum. Apr. 17 

" 291 An act for the relief of David Austin and George V. 
Hazard late trustees of School District No. 4 in the town 
of Milo in the county of Yates. Apr. 18. 

" 298 An act to increase the distribution of monies to Common 
Schools. Apr. 18. 



EDUCATIONAL LEGISLATION IN NEW YORK 223 

1826 305 An act confirming the payment of certain monies out 

of the Treasury for the benefit of Common Schools and 
for other purposes. Apr. 18. 

1827 30 An act relative to Kingston Academy. Jan. 27. 

55 An act in addition to Ch. 323 of 1824. Mar. 6. 

" 65 An act relative to the Literature, Gospel and School 

Lots in the county of St. Lawrence. Mar. 10. 

" 69 An act amending 1822 Chapter 53. (Incorporation of 

Female Seminary of Newtown). Mar. 15. 

" 97 An act to provide for the building an Asylum for the 

Deaf and Dumb of the city of New York. Mar. 23. 

" 132 An act to incorporate the Manhattan ville Free School 
in the 12th ward in the city of New York. Mar. 30. 

" 144 An act to incorporate the trustees of the Yorkville School 
in the 12th ward of the city of New York. Apr. 2. 

" 149 An act to incorporate the trustees of the Harlaem School 
in ihe 12th ward in the city of New York. Apr. 2. 

" 162 An act relative to certain school districts in the city of 
Schenectady. Apr. 6. 

" 180 An act to amend the act entitled, "An act relative to 
the Gospel and School Lot?, and Literature Lots in Sidney 
and DeKalb," passed April 17, 1826. Apr. 11. 

" 228 An act to provide permanent funds for the annual appro- 
priation to Common Schools to increase the Literature 
Fund, and to promote the education of teachers. Apr. 13. 

" 230 An act to encourage the sale of the public lands appro- 
priated to the Common School Fund in the 4th Senate 
District and to promote geological and mineralogical 
researches. Apr. 13. 

" 271 An act to incorporate a Monitorial School Society in the 
village of Lansingburgh. Apr. 14. 

" 289 An act further to amend Ch. 52 of 1806. Apr. 16. 



224 EDUCATIONAL LEGISLATION IN NEW YORK 

1827 305 An act to vest certain land belonging to the people of 

this state in the trustees of School District No. 23, in 
Johnstown. Apr. 16. 

" 313 An act to alter the time of holding the Annual Town 
Meetings in the town of LaFayette in the county of 
Onondaga, and for the appointment of trustees of the 
School Fund belonging to said town. Apr. 16. 

" 329 An act to amend Chap. 266 of 1825. Apr. 17. 

" 335 An act for the pa5anent of certain Officers of Government 
and other persons therein named and for other purposes 
(Money to Superintendent for visiting School for Deaf 
and Dumb.) Apr 17. 

1828 16 An act for the relief of certain school districts in the town 

of Rome in the county of Oneida. Jan. 21. 

" 44 An act relative to the Common School Fund of the town 

of Edmeston in the county of Otsego. Feb. 26. 

" 46 An act for the relief of Lowville Academy. Feb. 26. 

" 61 An act to increase the captial stock of the Flushing In- 

stitute. Mar. 11. 

" 88 An act concerning the Gospel and School Lands in the 

town of Sanford in the county of Broome. Mar. 20. 

" 99 An act for the relief of the trustees and collector of School 

District No. 3, in the town of Frankfort in the county 
of Herkimer. Mar. 21. 

" 125 An act relative to the Rensselaer Oswego Academy. 

Mar. 28. 

" 131 An act to amend the act entitled, "An act to incorporate 
the Rochester High School in the county of Monroe." 
1827 Ch. 70. Mar. 28. 

" 158 An act for the relief of the Lansingburgh Monitorial 
School. Apr. 5. 

" 173 An act to incorporate the " National Academy of Design. " 
Apr. 3. 



EDUCATIONAL LEGISLATION IN NEW YORK 225 

1828 177 An act to amend the act entitled, "An act to vest the 

title to certain land? in the trustees of St. Lawrence 
Academy." 1816, Ch. 148. Apr. 5. 

" 234 An act for the relief of the Franklin Academy. Apr. 17. 

" 240 An act in relation to the Gospel and School Lot in the 
town of Potsdam. Apr. 18. 

" 282 An act for the relief of the Female Academy in the village 
of Cooperstown. Apr. 19. 

" 323 An act relative to the city of Schenectady. (Use of 
school money.) Apr. 21. 

" 14 An act authorizing the trustees of School District No. 8 

(2nd. Meeting in the town of York, to sell the old school lot belonging 
of 51?t. Sess. to the said district. Nov. 11. 

" 21 An act to repeal certain acts and parts of acts. Dec. 10. 

1829 4 An act relative to deeds and mortgages executed or to 

be executed by the Public School Society of New York. 
Jan. 20. 

" 15 An act for the reUef of the trustees of the Rensselaer 

Oswego Academy. Jan. 31. 

" 23 An act authorizing the Overseers of the poor of the town 

of Saranac to pay over certain monies in their hands to 
the Commissioners of Common Schools in said town. 
Feb. 5. 

" 43 An act to incorporate the Albany Institute. Feb. 27. 

" 84 An act for the relief of Matthew Brown, Jr. (To be 

reimbursed for money spent in connection with law suits 
over school assessments.) Mar. 28. 

" 98 An act in relation to School District No. 12, in the town 

of Attica. Apr. 3. 

" 112 An act concerning the Gospel and School Lot in the town 
of Chenango in the county of Broome. Apr. 9. 

" 115 An act to amend an act authorizing the trustees of School 
District No. 8 in the town of York, to sell the old school 



226 EDUCATIONAL LEGISLATION IN NEW YORK 

lot belonging to the said district, passed November 11, 
1828. Apr. 11. 

1829 123 An act confirming the reports of the trustees of certain 
school districts in the county of Broome. Apr. 13. 

" 177 An act authorizing the town of Fort Edward to dispose 
of certain public monies. (Poor funds to be used for 
schools.) Apr 18. 

" 182 An act to incorporate "The Schenectady African School 
Society. " Apr. 18. 

" 201 An act authorizing the investment of a part of the school 
fund in stock, to be created for the construction of the 
Cayuga and Seneca Canal. Apr. 21. 

" 232 An act to amend an act entitled, "An act to incorporate 
the stockholders of the Buffalo High School Association. " 
1827 Ch. 330. Apr. 23. 

" 247 An act to incorporate the New York African Clarkson 
Association. (To afford mutual means of education 
to members.) Apr. 23. 

" 265 An act for the further support and extension of Common 
Schools in the city of New York. Apr. 25. 

" 284 An act concerning School Districts No. 2 and 5, in the 
town of Kinderhook. Apr. 27. 

" 287 An act relative to monies in the hands of overseers of the 
poor. Apr. 27. 

" 299 An act to authorize the overseers of the poor of the town 
of Pierpont in St. Lawrence County, to pay certain mon- 
ies to the commissioners of Common Schools in the said 
town. Apr. 29. 

" 302 An act to create a fund in aid of the society for the Refor- 
mation of Juvenile Delinquents in the city of New York 
and for other purposes. Apr. 29. 

" 324 An act to provide for the apportionment of school money 
in the city of Schenectady. Apr. 30. 



EDUCATIONAL LEGISLATION IN NEW YORK 227 

1829 325 An act making further appropriations to complete the 

Cayuga and Seneca Canal and for other purposes. (Cap- 
ital of school and Uterature funds to be thus invested.) 
Apr. 30. 

" 332 An act to amend the act entitled, "An act to incorporate 
the Rochester High School in the County of Monroe," 
passed March 15, 1827. Apr. 30. 

337 An act to amend Ch. 284, 1829. May 1. 

" 339 An act authorizing the commissioners of Common Schools 
in the town of Covert in the county of Seneca, to alter 
the time of apportioning the public school money to the 
trustees of the several school districts of said town. 
May. 1. 

" 345 An act to incorporate the New York Sacred Music 
Society. May 1. 

" " 350 An act for the relief of the New York Protestant Episcopal 
PubHc School. May 2. 

1830 32 An act to change the name of the Buffalo High School 

Association. Feb. 12. 

" 44 An act appropriating certain poor funds in the town of 

De Kalb in the county of St. Lawrence, to the Common 
Schools of said town. Feb. 22. 

" 53 An act to incorporate the Clinton Hall Association in 

the city of New York. Feb. 23. 

" 65 An act relative to the Gospel and School Lots in the 

county of St. Lawrence. Mar. 4. 

" 115 An act relative to School District No. 1, in the town of 
Palmyra and county of Wayne. Apr. 6. 

" 125 An act to authorize the trustees of Romulus to receive 
certain moneys of David Dey. Apr. 7. 

" 132 An act to authorize a sale of the School Lot in the village 
or Oswego Apr. 9. 

170 An act to amend Chap. 166 of 1825. Apr. 15. 



228 




1830 


240 


j> 


284 


jj 


320 


1831 


9 


>} 


17 


J3 


44 


» 


51 



EDUCATIONAL LEGISLATION IN NEW YORK 

An act relating to Common Schools in the city of Albany. 
Apr. 17. 

An act to repeal Chap. 87 of 1817. Apr. 20. 

An act to amend certain provisions of the Revised Stat- 
utes and in addition thereto. Apr. 20. 

An act to amend Chap. 240 of 1830. Jan. 25. 

An act to incorporate the Brooklyn African Woolman 
Benevolent Society. Jan. 28. 

An act concerning District School Houses. Feb. 17. 

An act to authorize the trustees of the Rochester High 
School to raise money by tax. Feb. 23. 

Ill An act to amend an act entitled, " An act relating to Com- 
mon Schools in the city of Albany." Ch. 240 of 1830. 
Apr. 11. 

119 An act for extension of schools in the city of New York. 
Apr. 13. 

125 An act to authorize the application of the interest of 
the poor fund of the town of Macdonough to the support 
of Common Schools. Apr. 14. 

136 An act relative to Common schools in the village of 
Utica. Apr. 16. 

142 An act supplementary to certain acts relative to Deaf and 
Dumb. Apr. 18. 

159 An act relative to the town of Cameron in the county 
of Steuben. (Poor funds to be used for Common Schools.) 
Apr. 18. 

164 An act for the relief of the Shinecock Tribe of Indians. 
(Money for education.) Apr. 19. 

176 An act incorporating the University of the city of New 
York. Apr. 19. 

186 An act to amend Chap. 302 of 1829. Apr. 21. 



EDUCATIONAL LEGISLATION IN NEW YORK 229 

1831 206 An act to amend the Revised Statutes relating to Com- 

mon Schools. Apr. 21. 

" 214 An act to incorporate the New York Institution for the 
Blind. Apr. 21. 

" 234 An act to provide for sick and disabled seamen. (Sec. 
13 provides $8,000 for Society for Reformation of Ju- 
venile Delinquents.) Apr. 22. 

" 264 An act to incorporate the College of Pharmacy of the 

City of New York. Apr. 25. 

" 267 An act in relation to the funds of Union College. Apr. 25. 

" 268 An act to lay a tax upon the inhabitants of School Dis- 
trict No. 3, in the town of Bushwick in the county of 
Kings. Apr. 25. 

" 273 An act authorizing the supervisors of the county of 
Schenectady to sell the present Court House and Jail 
and Fire proof Clerk's Ofi&ce and for other purposes. 
(Schenectady Academy revived.) Apr. 25. 

" 277 An act to amend the act for the relief and support of 
indigent persons, Rev. St., Pt. I, Chap. 20. Apr. 25. 

" 281 An act concerning the Literature Fund, Oswego Canal 
Fund, and the Erie and Champlain Canal Fund. Apr. 

25. 

" 297 An act authorizing the appHcation of the interest arising 
from the Poor Fund of the town of Russel to the School 
Fund. Apr. 26. 

" 309 An act respecting Geneva College. Apr. 26. 

1832 8 An act for the improvement of the Uterature fund. 

Jan. 25. 

39 An act authorizing the assessment and collection of a 
certain sum of money in School District No. 2, in the 
town of Watervliet, county of Albany. Mar. 15. 

" 127 An act authorizing the trustees of Fort Covington Aca- 
demy to erect an edifice on the Public Square in the village 
of Fort Covington and for other purposes. Apr. 13. 



1832 


136 


jj 


145 


>> 


170 



/ 



EDUCATIONAL LEGISLATION IN NEW YORK 

An act to constitute the colored children of Rochester 
a separate school. Apr. 14. 

An act to incorporate the Buffalo Lyceum. Apr. 16. 

An act in relation to the recording of mortgages belonging 
to the trustees of Franklin Academy in the county of 
Franklin. Apr. 17. 

203 An act to provide for a permanent District School in 
Syracuse. Apr. 20. 

223 An act to amend Chap. 234 of 1822. Apr. 23. 

255 An act to authorize the assessment and collection of cer- 
tain money within School District No. 11, in the town 
of Farmington. Apr. 25. 

263 An act relating to the second school district in the city 
of Albany. Apr. 25. 

296 An act for the support of the Government of this state. 
(Money from the School Fund to be used for general 
state expenses when necessary; the same to be replaced 
by bonds and mortgages.) Apr. 26. 

299 An act relating to Common Schools. Apr. 26. 

317 An act to amend the act relating to Common Schools. 
Apr. 26. 

" 326 The act to amend the charter of the College of Pharmacy 
in the city of New York. 1831 Ch. 264. Apr. 26. 

" 327 An act to amend an act entitled, "An act to incorporate 
the Rensselaer School. " 1826 Ch. 83. Apr. 26. 

1833 9 An act for the relief of the High School Society of New 

York. Jan. 22. 

" 71 An act for the reHef of Stephen Sprague, Orange Spalding 

and Robert R. Cowan, late trustees of School District 
No. 12, in the town of Aurehus. Mar. 22. 

" 76 An act to extend the charter of the American Academy 

of Fine Arts. Mar. 23. 



EDUCATIONAL LEGISLATION IN NEW YORK 231 

1833 91 An act to incorporate the Utica Mechanics' Association. 

Mar. 30. 

" 93 An act relative to ferry lot in Lewiston. (Renewal of 

lease. Money for schools.) Apr. 1. 

" 109 An act increasing the number of state pupils at the New 
York Institution for the instruction of the Deaf and 
Dumb. Apr. 6. 

" 122 An act to amend the act incorporating the Livingston 
County High School Association. 1829 Ch. 64. Apr. 8. 

" 209 An act to incorporate the Mechanics' Institute of the 
City of N. Y. Apr. 24. 

" 249 An act authorizing the Board of Supervisors of the 
county of St. Lawrence to lay a tax on the town of Oswe- 
gatchie, to be invested in an academy and lot and for 
other purposes. Apr. 26. 

" 320 An act for the payment of certain officers and expenses 
of government. (Rain gages to be furnished to all acad- 
emies under the regents at an expense of $50.) Apr. 30. 

1834 14 An act authorizing the trustees of School District No. 

12, in the town of Chenango, to sell a school lot. Feb. 19. 

" 35 An act authorizing the commissioners of school money 

in the city and county of New York, to use a part of 
the special school tax money raised in said city and coun- 
ty to pay their expenses. Mar. 14. 

" 67 An act for the rehef of the New York Institution for the 

instruction of the Deaf and Dumb. Apr. 3. 

*' 72 An act to enable the Mayor, Aldermen and Commonalty 

of the city of New York to raise money by tax. Apr. 5. 

** 100 An act relative to the south half of the Gospel and School 
Lot in the town of Guilford in the county of Chenango. 
Apr. 11. 

" 101 An act to authorize the building of a school house in the 
village of Lewiston. Apr. 11. 

" 107 An act for the relief of School District No. 3, in the town 
of Gates, in the coimty of Monroe. Apr, 15. 



232 EDUCATIONAL LEGISLATION IN NEW YORK 

1834 117 An act confirming the acts of the commissioners of Com- 
mon Schools in the division of the school district com- 
posed of parts of the towns of Colesville and Windsor, 
in the county of Broome. Apr. 16. 

*' 140 An act relating to the distribution and application of 
the revenues of the Literature Fund. Apr. 22. 

" 173 An act in addition to Chap. 249 of 1833. Apr. 24. 

" 181 An act for the relief of the trustees of the Middlebury 
Academy. Apr. 26. 

" 199 An act to incorporate the city of Rochester. (Title 6, 
Of Common and Other Schools.) Apr. 28. 

" 208 An act to amend an act entitled "An act to incorporate 
the trustees of the Harlem School in the 12th Ward of 
New York City. " 1827 Ch. 149. Apr. 29. 

" 230 An act further to amend Chap. 185 of 1826 (Sections 
3-13 relating to schools.) May 1. 

" 241 An act concerning the Literature Fund. May 2. 

" 277 An act to authorize the trustees of School District No. 
3, in the town of Chenango in the county of Broome, 
to seU and convey their school lot. May 5. 

" 296 An act to amend an act entitled, "An act to incorporate 
the city of Troy and for other purposes." (Sections 
15-17 concerning schools.) May 6. 

" 316 An act in aid of the New York Institution for the Blind. 
May 6. 

"1835 34 An act relating to pubHc instruction. Mar. 14. 

" 45 An act to amend the 7th Title and 14th Chapter of 

the First Part of the Revised Statutes entitled, " General 
regulations concerning the practice of physic and surgery 
in this state." (Relative to the standing of Geneva 
Medical College.) Mar. 27. 

" 61 An act to incorporate the Troy Orphan Asylum. (Edu- 

cation clause in indentures.) Apr. 10. 



EDUCATIONAL LEGISLATION IN NEW YORK 233 

1835 64 An act relative to the school connected with the Alms 
House of the city of New York. Apr. 13. 

" 79 An act to incorporate the Ithaca Mechanics' Society. 

Apr. 13. 

" 80 An act relating to public instruction. Apr. 13. 

" 88 An act relative to the School Fund of the town of De 

Kalb in St. Lawrence county. Apr. 13. 

" 118 An act to amend Chap. 249 of 1833. Apr. 20. 

" 123 An act relating to academies. Apr. 20. 

" 129 An act to amend the act to incorporate the city of Brook- 
lyn. (Sections 15 and 16 relative to schools.) Apr. 23. 

" 138 An act for the relief of Montgomery Academy. Apr. 23. 

" 144 An act in relation to School District No. 13, in the town 
of Newburgh and county of Orange. Apr. 23. 

" 148 An act authorizing the trustees of School District No. 
10 in the city of Rochester, to sell a part of their school 
house lot. Apr. 23. 

" 169 An act relative to the St. Lawrence Academy. Apr. 28. 

" 235 An act to amend an act entitled, "An act to divide the 
the town of Sempronius in the county of Cayuga," so 
much as related to the division of school moneys. May 6. 

" 241 An act authorizing the Supervisors of the county of St. 
Lawrence, to levy a tax for the benefit of a classical 
school in the town of Canton. May 8. 

" 242 An act to change the name of the Seminary of the Genesee 
and Oneida Conferences and for other purposes. May 8. 

" 254 An act to amend an act entitled, "An act to amend an 
act to incorporate the Rensselaer School." 1832 Ch. 
327. May 9. 

" 260 An act regulating the specific funds of the state. May 9. 

" 270 An act to authorize the raising of money for the support 
of the Lancaster School of the city of Hudson. May 11. 



234 EDUCATIONAL LEGISLATION IN NEW YORK 

1835 308 An act to amend Title II, Chap. 15, Pt. I Revised 

Statutes. May 11. 

1836 4 An act in relation to School District No. 8, in the town of 

York. Jan. 21. 

" 29 An act to provide for the rebuilding of the Frankhn 

Academy. Feb. 25. 

" 44 An act to amend the act entitled, "An act to incorporate 

the Genesee Wesleyan Seminary," passed May 1, 1834. 
Mar. 9. 

" 63 An act to provide for the rebuilding of the LowvUle 

Academy. Mar. 21. 

" 81 An act to authorize the trustees of the Ithaca Academy 

to sell and convey their real estate, and for other purposes. 
Mar. 30. 

" 93 An act relative to the Common Schools of the city of 

Brooklyn. Apr. 2. 

" 104 An act authorizing the trustees of School District No. 12, 
in the town of Oswego and county of Oswego, to sell a 
part of their school lot. Apr. 8. 

" 110 An act to incorporate the University of Western New 
York. Apr. 8. 

162 An act in relation to the Alexander Classical School in 
the county of Genesee. Apr. 20. 

" 165 An act further to amend the act entitled, "An act to 
incorporate the Rochester High School, in the county of 
Monroe," passed March 15, 1827. Apr. 20. 

" 175 An act to incorporate the Mechanics' Society of Buffalo. 
(To estabhsh hbrary and free school.) Apr. 23. 

" 206 An act relative to the Roman Catholic Benevolent Society 
in the city of New York. Apr. 29. 

" 226 An act in aid of the New York Institution for the BHnd. 
Apr. 30. 



EDUCATIONAL LEGISLATION IN NEW YORK 235 

1836 228 An act to renew the charter of the New York Institution 

for the Instruction of the Deaf and Dumb, and for other 
purposes. Apr. 30. 

" 259 An act to incorporate the New York State Agricultural 
School. May 6. 

" 310 An act for the relief of School District No. 7, in the town 
of Newark and county of Tioga. May 12. 

" 330 An act to incorporate the Oswego Mechanics' and Manu- 
facturers' Association. (For the extension of knowledge.) 
May 13. 

" 345 An act to incorporate the Skaneateles Mechanics' Literary 
Association. May 13. 

" 399 An act to amend Chap. 226 of 1836. May 20. 

" 466 An act to incorporate the Stuyvesant Institute of the 
city of New York. (Library and reading room.) May 

25. 

" 471 An act in relation to School District No. 5, in the town 
of Warsaw, in the county of Genesee. May 25. 

" 504 An act to incorporate the trustees of the Theological 
Seminary of the Associate Reformed Church of New York. 
May 25. 

" 511 An act authorizing the directors of the Central Asylum 
for Instruction of the Deaf and Dumb, to dispose of the 
property of said institution and for other purposes. May 
26. 

" 516 An act to incorporate the Elmira Mechanics' Society. 
May 26. 

" 519 An act to incorporate the Poughkeepsie Mechanics' 
Association. May 26. 

1837 25 An act authorizing the establishment of a Medical Faculty 

in the University of the city of New York. Feb. 11. 

" 63 An act to amend the act entitled, "An act regulating 

the specific funds of the state," passed May 9, 1835. 
Mar. 14. 



236 EDUCATIONAL LEGISLATION IN NEW YORK 

1837 108 An act to repeal, "An act to provide for a permanent 
District School in Syracuse. " Mar. 25. 

" 147 An act to incorporate the Orphan Asylum of St. John's 
Church in the city of Utica. (Relief and Education 
of orphans.) Apr. 3. 

" 148 An act relative to school District No. 6, in the city of 
Brookljm. Apr. 3. 

" 150 An act authorizing the loan of certain monies deposited 
with the State. Apr. 4. 

" 151 An act authorizing the Supervisors of the county of 
St. Lawrence to levy a tax for the benefit of the Canton 
Academy in the town of Canton. Apr. 4. 

" 200 An act concerning the compensation of the Superinten- 
dent of Common Schools. Apr. 14. 

" 203 An act to amend the act entitled, "An act to incorporate 
the Saratoga Academy and Scientific Institute," passed 
April 28, 1835. Apr. 15. 

" 206 An act for the rehef of the trustees of Middlebury Acad- 
emy. Apr. 15. 

" 213 An act to provide for the erection of a district school 
building in each district east of Perry St. in the city of 
Albany. Apr. 20. 

^ " 241 An act concerning Common Schools. Apr. 22. 

" 259 An act to incorporate the Buffalo Orphan Asylum. Apr. 
24. 

" 272 An act to incorporate the Society for the relief of half 
orphan and destitute children in the city of N. Y. Apr. 
27. 

- " 298 An act concerning Common Schools. May 1. 

" 323 An act in relation to School District No. 1, in the town 
of Boonville. May 5. 

" 339 An act to incorporate the Troy Female Seminary. May 
6. 



EDUCATIONAL LEGISLATION IN NEW YORK 237 

1837 351 An act to revive the act incorporating the Troy Academy 

and to unite the same with the Rensselaer Institute. 
May 8. 

" 358 An act relative to the Common Schools in the city of 
Albany. May 8. 

" 369 An act to amend an act entitled, "An act relating to Com- 
mon Schools in the city of Albany." Ch. 358 of 1837. 
May 9. 

" 392 An act to amend an act entitled, "An act to incorporate 
the city of Buffalo," passed April 20, 1832. May 11. 

" 459 An act to incorporate the American Society for the 
diffusion of useful knowledge. May 16. 

1838 11 An act granting relief to the trustees of school District 

No. 3, in the town of Fabius. Jan. 27. 

" 43 An act to create a school district from Lansingburgh to 

Troy. Feb. 20. 

" 63 An act further to amend an act entitled, "An act to 

incorporate the city of Buffalo," passed April 20, 1832. 
(Sections 15 and 25 relate to schools.) Mar. 12. 

" 104 An act to incorporate the Rochester Orphan Asylum. 
Mar. 23. 

" 131 An act for the relief of the Essex County Academy. 
Mar. 29. 

" 151 An act in relation to the city of Troy. Apr. 2. 

" 156 An act relative to the city of Brooklyn. Apr. 6. 

" 168 An act to amend and continue in force the act entitled, 
"An act to incorporate the New York State Agricultural 
School," passed May 6, 1836. Apr. 6. 

" 228 An act to amend the act entitled, "An act to incorporate 
the Aurora Manual Labor Seminary in the county of 
Erie." Apr. 16. 

" 237 An act to appropriate the income of the United States 
deposit fund to the purposes of education and the diffu- 
sion of knowledge. Apr. 17. 



238 




1838 


244 


» 


271 


jj 


294 


>j 


329 



EDUCATIONAL LEGISLATION IN NEW YORK 

An act in relation to the New York Institution for the 
instruction of the Deaf and Dumb. Apr. J 8. 

An act for the rehef of the Hudson Academy. Apr. 18. 

An act to incorporate the Richmond College. Apr. 18. 

An act to amend, "An act to incorporate the Orphan 
Asylum Society in the city of Brooklyn" (Indentures 
to contain educationl clause.) Apr. 18. 

1839 24 An act further to amend the charter of the city of Buffalo. 
Feb. 14. 

" 26 An act to incorporate the Albany Medical College. Feb. 

16. 

" 36 An act to incorporate the Mechanics' Literary Associa- 

tion of Rochester. Feb. 25. 

" 63 An act in relation to the Hudson Lancaster School. Mar. 

9. 

" 64 An act authorizing a loan to the town of Governeur. 

Mar. 9. 

" 99 An act to incorporate the Union Theological Seminary 

in the city of New York. Mar. 27. 

■" 109 An act to amend an act entitled, "An act to incorporate 
the Schenectady Lyceum and Academy, " passed March 
22, 1837. Mar. 28. 

" 123 An act to incorporate the trustees of the Protestant 
Episcopal Society for promoting religion and learning 
in the state of New York. Apr. 4. 

" 177 An act respecting School District Libraries. Apr. 15. 

" 192 An act in relation to a school lot in the town of Olean. 
Apr. 18. 

" 200 An act to extend the benefits of instruction to the Bhnd 
and for other purposes. Apr. 18. 

" 222 An act to amend several acts relative to the city of 
Schenectady. Apr. 23. 



EDUCATIONAL LEGISLATION IN NEW YORK 239 

1839 226 An act in relation to the powers of the regents of the 

University. Apr. 25. 

" 229 An act relating to School District No. 3, in the town of 
Batavia. Apr. 25. 

" 254 An act in aid of the Genesee Wesleyan Seminary. Apr. 
26. 

- " 330 An act to amend title 2 of chapter 15 of the first part 

of the Revised Statutes relating to Common Schools. 
Mav3. 

" 357 An act for the relief of Jermiah Dunham. (For loss 
on a contract to build a school house.) May 7. 

" 390 An act for the payment of certain officers of the govern- 
ment and for other purposes. ($200 to the supt. for 
clerk hire.) May 7. 

1840 174 An act extending an act for the rehef of the New York 

Institution for the instruction of the Deaf and Dumb. 
Apr. 27. 

" 250 An act to incorporate the proprietors of a literary in- 
stitution in the town of Flushing in the county of Queens, 
commonly known by the name of St. Paul's College. 
May 9. 

- " 294 An act in relation to the United States Deposit Fund and 

the Common School Fund. May 13. 

" 318 An act authorizing certain trusts. (Trust funds for 
colleges.) May 14. 

" 373 An act further to amend an act entitled, "An act to in- 
corporate the city of Rochester." May 14. 

1841 33 An act to repeal an act entitled, "An act to incorporate 

the Watertown Academy, " passed May 2, 1833. Feb. 19. 

" 55 An act to incorporate the Brooklyn Natural History 

Society. Mar. 15. 

" 63 An act for the rehef of Lewis A. Talman. (School 

Commissioner.) Mar. 20. 



240 EDUCATIONAL LEGISLATION IN NEW YORK 

1841 77 An act for the division and equalization of the wards 
of the city of Albany, and for other purposes. Mar. 30. 

" 85 An act to loan money to the trustees of St. Lawrence 

Academy. Apr. 1. 

" 108 An act to incorporate the Auburn Literary Association. 
Apr. 17. 

" 163 An act to provide for the education of the indigent Deaf 
and Dumb. May 1. 

" 175 An act to continue and extend the benefits of instruction 
to the Blind. May 7. 

" 207 An act to incorporate the Plattsburgh Lyceum. May 

20. 

" 208 An act further to amend an act entitled, "An act to in- 
corporate the city of Rochester," passed April 28, 1834. 
May 20. 

" 221 An act to aid the Albany Medical College. May 25. 

" 223 An act to endow the Medical Institution of Geneva 
College. May 25. 

" 234 An act in relation to certain tribes of Indians. May 25. 

" 241 An act authorizing the corporation of the city of Troy 
to create a sinking fund. May 25. 

" 260 An act to amend the 2nd Title of the 15th Chapter of 
the 1st part of the Revised Statutes relating to Common 
Schools. May 26. 

" 261 An act in addition to the " Act authorizing certain trusts, " 
passed May 14, 1840. May 26. 

" 265 An act to extend the provisions of an act to provide for 
the rebuilding of the Lowville Academy. May 26. 

" 267 An act further to amend the charter of the city of Brook- 
lyn. May 26. 

" 315 An act to repeal the act incorporating the "Lansingburgh 
Monitorial School Society, " passed April 14, 1827. May 
26. 



EDUCATIONAL LEGISLATION IN NEW YORK 241 

1841 329 An act for the relief of Samuel White, Arnold Field, and 

Tracy S. Knap, trustees of School District No. 16, in 
New BerUn, Apr. 26. 

" 350 An act in relation to Common Schools in the city of 
Hudson. May 26. 

1842 30 An act to enable the General Society of Mechanics and 

Tradesmen of the city of New York to extend the bene- 
fits of their School and Library. Feb. 7. 

" 113 An act to authorize the trustees of the Walkill Academy 
to borrow money. Mar. 29. 

" 114 An act to provide for paying the debts and preserving the 
credit of the state. (Certain monies to go to school 
fund.) Mar. 29. 

" 137 An act in relation to Common Schools in the city of 
Utica. Apr. 7. 

" 142 An act in relation to the Regents of the University. 

Apr. 8. 

" 144 An act to confirm certain proceedings of the trustees 
of School District No. 3, of the village and town of 
Water town. Apr, 8. 

" 150 An act to extend to the city and county of New York 
the provisions of the general act in relation to Common 
Schools. Apr. 11. 

" 156 An act to amend an act entitled, "An act to incorporate 
the Fulton Female Seminary," passed May 25, 1836. 
Apr. 11. 

" 174 An act relative to the Millville Academy. Apr. 11. 

" 230 An act for the rehef of Samuel White, Tracy S. Knap, 
and Arnold Field, late trustees of School District No. 
16, in the town of New Berlin. Apr. 12. 

" 235 An act to amend the act entitled, "An act to incorporate 
the Baptist Education Society of the state of New York," 
passed March 5, 1819. Apr. 12. 

" 252 An act to incorporate the St. Joseph's Orphan Asylum 
Society of the city of Albany. Apr. 12. 



242 EDUCATIONAL LEGISLATION IN NEW YORK 

1842 268 An act to amend an act entitled, "An act to incorporate 

the Clyde High School, " passed April 24, 1834, and for 
other purposes. Apr, 12. 

" 273 An act concerning the First School District in the city 
of Troy. Apr. 12. 

" 281 An act to renew an act of April 12, 1837 (Relative to Can- 
ton Academy.) Apr. 12. 

" 282 An act relative to School District No. 5, in the city of 
Rochester. Apr. 12, 

" 290 An act to provide for the payment of certain expenses 
of government. Apr. 12. 

" 321 An act in relation to the Lewisboro School Fund. Apr. 12. 

1843 11 An act for the rehef of Mumford Clark, collector of School 

District No. 6, in the town of Pittsford. Jan. 31. 

" 12 An act to amend an act entitled, "An act in relation 

to Common Schools in the city of Hudson," passed 
May 26, 1841. Jan. 31. 

" 31 An act concerning the First School District in the city 

of Troy. Mar. 1. 

" 63 An act relative to Common Schools for the city of Brook- 

lyn. Mar. 23. 

" 66 An act to confirm the official acts of Jeremiah Howe, 

Charles Wright, and Isaac Hays, trustees of the Lewis 
School Fund in the town of Lewisboro in the county of 
Westchester. Mar. 28. 

" 104 An act to authorize the trustees of School District No. 
3, in the town of Orwell, county of Oswego, to sell a part 
of their school lot. Apr. 12. 

" 111 An act relative to the ferry lot at Lewiston, in the county 
of Niagara. (Leased to Lewiston Academy.) Apr, 12. 

*' 132 An act to consolidate and amend the act to incorporate 
the city of Buffalo and the various acts amendatory 
thereof, passed April 20, 1832. Apr. 17. 

*" 133 An act amendatory to the several acts relating to Com- 
mon Schools. Apr. 17. 



EDUCATIONAL LEGISLATION IN NEW YORK 243 

1843 211 An act to establish Free Schools in the village of Pough- 

keepsie. Apr. 18. 

" 216 An act to amend Chap. 150 of 1842. Apr. 18. 

1844 15 An act to amend the act entitled, "An act authorizing 

a loan of certain moneys belonging to the United States, 
deposited with the state of New York for safe keeping. " 
Feb. 7. 

" 59 An act to amend the charter of the PubHc School Society 

of New York. Mar. 23. 

" 64 An act to amend the act in relation to the Ogdensburgh 

Academy, passed April 24, 1834. Mar. 23. 

" 75 An act in relation to School District No. 6, in the town 

of Lyons. Mar. 27. 

" 110 An act in relation to the trustees of the Cayuga Academy. 
Apr. 1. 

" 119 An act to confirm the proceedings of the trustees of 
School District No. 11, in the towns of Pameha and Le 
Ray in the county of Jefferson. Apr. 5. 

" 128 An act amendatory of the several acts relating to Dis- 
trict Schools in the city of Albany. Apr. 8. 

" 131 An act to amend an act entitled, "An act in relation to 
Common Schools in the city of Utica," passed April 7, 
1842. Apr. 8. 

" 132 An act providing for the appointment and compensation 
of a Librarian for the Joint School District Library of 
the city of Hudson. Apr. 8. 

" 136 An act for the relief of the trustees of Joint School Dis- 
trict No. 7, in the towns of Malta, Milton, and Saratoga 
Springs. Apr. 8. 

" 140 An act relative to School Districts No. 5, and 3, in the 
city of Rochester. Apr. 10. 

" 145 An act to consohdate and amend the act to incorporate 
the city of Rochester, passed April 28, 1834, and the sev- 
eral acts amendatory thereof. Apr. 11. 



244 EDUCATIONAL LEGISLATION IN NEW YORK 

1844 175 An act in relation to School District No, 1, in the town 

of Seneca and county of Ontario. Apr. 22. 

181 An act in relation to Common Schools in the town of 
Williamsburgh in the county of Kings. Apr. 23. 

234 An act in relation to Common Schools in the town of 
Flatbush in the county of Kings. Apr. 30. 

253 An act for the rehef of the Genessee Wesleyan Seminary. 
May 3. 

260 An act in relation to School District No. 1, in the town 
of Brownville in the County of Jefferson. May 4. 

279 An act to aid the Albany Medical College, the Medical 
Institution of Geneva CoUege, and the Medical Depart- 
ment of the New York University. May 6. 

285 An act to amend Chap. 123 of 1839. May 6. 

298 An act to incorporate the Western Collegiate Institute 
in the city of New York. May 7. 

311 An act for the estabhshment of a Normal School. May 7. 

320 An act more effectually to provide for Common School 
education in the city and county of New York. May 7. 

329 An act to amend an act entitled, "An act relating to 
Common Schools for the city of Brooklyn," passed 
March 23, 1843. May 7. 

1845 4 An act in relation to Common Schools. Jan. 28. 

" 14 An act extending an act for the relief of the New York 

Institution for the Instruction of the Deaf and Dumb. 
Feb. 28. 

" 18 An act to amend. Chap. 44 of 1828. Mar. 5. 

" 46 An act to authorize and require the trustees of Joint 

School District No. 14, of Clay and Cicero, to levy and 
collect a tax for the relief of Hiram M. Wright and Jo- 
seph Rector. Apr. 7. 



EDUCATIONAL LEGISLATION IN NEW YORK 245 

1845 51 An act for the relief of Richard Perkins, William M. 
Smith, and Joseph U. Blood. (To reimburse them for 
money paid for teachers wages.) Apr. 10. 

" 58 An act for the relief of the New York Institution for the 

the Blind. Apr. 12. 

" 66 An act authorizing a loan from the Common School Fund 

to the county of Jefferson to defray the expenses of build- 
ing a bridge across Black River at Watertown. Apr. 14. 

" 86 An act in relation to the Newburgh High School. Apr. 

24. 

" 88 An act relative to School District No. 2, in the city of 

Rochester. Apr. 24. 

" 118 An act to amend Chap. 145 of 1844. May 2. 

" 142 An act in relation to the Normal School. May 7. 

" 165 An act to amend Chap. 26 of 1839. May 10. 

" 169 An act to incorporate the trustees and associates of the 
Brooklyn Benevolent Society. May 10, 

" 179 An act to provide for the safe keeping of the Cabinets ot 
Natural History and for other purposes. May 10. 

" 183 An act to incorporate the Syracuse Orphan Asylum. 
May 10. 

" 184 An act to increase the capital of the Common School 
Fund. May 10. 

" 195 An act in relation to stocks in moneyed corporations 
held by the state or by Uterary or charitable institutions. 
May 13. 

" 198 An act to incorporate the Williamsburgh Lyceum. May 

13. 
" 200 An act to incorporate the Freeman's Hall Association 

of the city of Brooklyn. (Education of Orphan Children) 

May 13. 

" 221 An act to incorporate the Brooklyn African Tompkins 
Association. May 13. 



246 EDUCATIONAL LEGISLATION IN NEW YORK 

1845 228 An act to prevent the disturbance of evening schools 

in the several school district houses in this state. May 13. 

" 232 An act to incorporate the Schenectady Reference Li- 
brary Company. May 13. 

" 233 An act for the relief of the trustees of School District 
No. 11, in the town of Otselio, Chenango County. May 
13. 

" 245 An act to amend Chap,. t28 of 1844. May 13. 

" 267 An act to amend an act entitled, ''An act authorizing 
a loan of certain moneys belonging to the United States 
deposited with the state of New York for safe keeping, '' 
passed April 4, 1837. May 13. 

" 276 An act to amend, "An act to incorporate the Rensselaer 
Oswego Academy," passed April 13, 1826. May 14. 

" 288 An act for the safe keeping and to provide a time for the 
distribution of the Gospel and School Fund moneys in the 
several towns in the county of Onandaga. May 14. 

" 306 An act to enlarge Chap. 63 of 1843. May 14. 

" 310 An act for the relief of James D. Sparkman, WilHam 
Leaycraft and Samuel Cox. (Having expended money 
for schools.) May 14. 

" 330 An act to incorporate the Roman Cathohc Orphan Asy- 
lum Society of the city of Rochester. May 14. 

1846 6 An act relative to School District No. 8, in the town of 

Brutus. Jan. 31. 

" 7 An act in relation to Common Schools in the City of 

Utica. Feb. 2. 

" 40 An act to incorporate the Madison University. Mar. 26. 

" 41 An act to incorporate the Polish Slavonian Literary 

Association in the state of New York. Mar. 26. 

" 45 An act to amend the law in relation to Common Schools. 

Apr. 1. 



EDUCATIONAL LEGISLATION IN NEW YORK 247 

1846 47 An act authorizing the trustees of School District No. 
10 in the town of Littlefalls, to borrow money to build 
a school house. Apr. 1. 

" 48 An act to confirm the proceedings of the Joint School 

District, composed of District No. 5, in Adams, and 
District No. 6 in the town of Henderson in the county 
of Jeflferson. Apr. 1. 

" 53 An act for the relief of Cyril Carpenter, Isaac Josleyn, and 

Isaac Barnes, now late trustees of District No. 10, in 
the town of Sweden. Apr. 2. 

" 61 An act to incorporate St. John's College, Fordham. 

Apr. 10. 

" 66 An act in relation to the dissolution of Common School 

Districts. Apr. 15. 

74 An act to amend Chap. 261, of 1841. Apr. 21. 

" 88 An act to dissolve the "Buffalo Library and Scientific 

Academy." Apr. 21. 

" 90 An act to incorporate the Hudson Orphan and Relief 

Association. Apr. 21. 

" 101 An act to incorporate the Union Lyceum of Lyons. 
Apr. 22. 

" 114 An act to provide for the education of the children of 
the Onondaga Indians in the county of Onondaga, and 
the children of the other Indians residing in this state. 
Apr. 30. 

" 119 An act to authorize the trustees of the school district 
at the village of Williamsville in the town of Amherst 
and county of Erie, to make separate rate bills for the 
higher and primary departments of the schools kept in 
said districts. Apr. 30. 

" 143 An act to authorize the estabUshment of a House of 
Refuge for Juvenile Delinquents in Western New York. 
May 8. 

" 146 An act to incorporate the University of Rochester. 
May 8. 



248 EDUCATIONAL LEGISLATION IN NEW YORK 

1846 186 An act to abolish the ofl&ce of trustees of the Gospel and 

School lots and to transfer the powers and duties of the 
same to the town superintendent of Common Schools. 
May 11. 

" 193 An act to incorporate the University of Buffalo. May 11 . 

" 207 An act concerning the Lodi Union School District and 
District No. 1, in the village of Oswego. May 12. 

" 235 An act in relation to Common Schools in the town of 
Flatbush in the county of Kings. May 12. 

" 262 An act to change the name of the Black River Literary 
and Religious Institute. May 12. 

" 309 An act to amend, "An act to incorporate the stockholders 
of the Livingston County High School Association," 
passed March 10, 1827. May 13. 

1847 8 An act appropriating the annual revenues of the Common 

School and United States Deposit Funds. Feb. 12. 

" 28 An act relative to Union School District No. 1, in the 

town of Palmyra. Mar. 19. 

" 34 An act to amend an act entitled, "An act to incorporate 

the University of Buffalo," passed May 11, 1846. Mar. 

22. 

" 36 An act relative to the Oneida Conference Seminary. 

Mar. 24. 

" 40 An act for the reUef of Cyril Carpenter, Isaac Josleyn, 

and Isaac Barnes, late trustees of School District No, 
10 in the town of Sweden. Mar. 26. 

" 42 An act making appropriations for the expenses of govern- 

ment, (For the salary of the Secretary of State, and as 
Superintendent of Common Schools, two thousand five 
hundred dollars, also appropriations to schools.) Mar. 
29. 

'* 43 An act to authorize the inhabitants of Consolidated 

School District No. 2, in the village of Batavia, Genesee 
County, to raise money. Mar. 29, 



EDUCATIONAL LEGISLATION IN NEW YORK 249 

1847 50 An act making an appropriation for the support of the 
State Normal School. Mar. 31. 

" 51 An act in relation to Common Schools in the village of 

of Lockport. Mar. 31. 

" 53 An act to reduce the number of trustees of the West- 

field Academy. Apr. 5. 

" 74 An act to authorize the Board of Education of the city 

of New York, to establish evening free schools for the 
education of apprentices and others. Apr. 16. 

" 84 An act to supply vacancies in the Board of Trustees of 

Union CoUege. Apr. 19. 

" 87 An act to authorize School District No. 20, in the town 

of Denmark, Lewis county, to levy and collect a tax. 
Apr. 19. 

" 129 An act to authorize the Superintendent of Common 
Schools of the town of Moravia to sell lot number 52, in 
said town. Apr. 23. 

" 165 An act to amend an act entitled, "An act to incorporate 
the Syracuse Orphan Asylum," passed May 10, 1845. 
Apr. 30. 

" 167 An act to authorize the trustees of School District No. 
2, in the town Otselic, to raise money by tax on said 
district to pay the costs and expenses incurred by said 
district or its trustees in a suit against Isaiah Lewis. 
Apr. 30. 

" 172 An act in relation to suits against district school officers. 
May 1. 

" 206 An act authorizing the Board of Education of the city 
and county of New York to estabHsh a free academy in 
said city. May 7. 

" 208 An act making further provision for the Indian School 
at St. Regis and repealing the second section of the act 
entitled, "An act to amend the law in relation to Com- 
mon Schools," passed April 1, 1846. May 7. 

" 211 An act in relation to the payment of taxes in school 
districts. May 7. 



250 EDUCATIONAL LEGISLATION IN NEW YORK 

1847 214 An act to levy a tax in Joint School District No. 7, in 
the towns of Canton and DeKalb in the county of St. 
Liawrence, to reimburse Sylvanus Stiles and Theodorus 
Frisbie certain expenses incurred in behalf of said dis- 
trict. May 7. 

" 238 An act making appropriations for building and furnishing 
school houses and providing for the education of the chil- 
dren of Indians residing on the Cattaraugus and Allegany 
Reservations. May 7. 

" 252 An act to amend Chap. 320 of 1844. May 11. 

" 258 An act appropriating the annual revenue of the Litera- 
ture and United States Deposit Funds, of the years 
1847 and 1848. May 12. 

" 264 An act authorizing the trustees of School District No. 
1, in the town of Little Falls, to borrow money to build 
a school house. May 12. 

" 269 An act for the relief of certain purchasers of lands in the 
Oneida Purchases of 1830, 1834, 1840 and 1841. May 12. 

" 275 An act to elect trustees of the Westfield Academy. May 
12. 

" 282 An act in relation to School District No. 8, in the town 
ofRoyalton. May 12. 

" 292 An act to provide for the payment of money for the 
education of the children of Indians residing on the 
Oneida Reservation, in the counties of Oneida and Madi- 
son. Sept. 13. 

" 302 An act to authorize School District No. 11, in the town 
of Brasher in the county of St. Lawrence to sell their lot. 
Sept. 25. 

" 311 An act to provide for free schools in the town of Bush- 
wick. Oct. 16. 

" 330 An act for the reUef of Sherburne Union Academy. 
Oct. 25. 

" 332 An act authorizing School District No. 6, in the town of 
Lyons to raise money by tax. Oct. 26. 



EDUCATIONAL LEGISLATION IN NEW YORK 251 

1847 335 An act to authorize School District No. 1, in the town 
of Waterloo to raise a tax. Oct. 26. 

" 336 An act to provide for a free school in district No. 1 in 
the town of Lansingburgh. Oct. 26. 

" 342 An act authorizing a loan from the School Fund to the 
the town of Orleans. Oct. 28. 

" 345 An act to authorize the trustees of School District No. 
3, in the town of WilHamsburgh to borrow money for 
building a school house. Nov. 10. 

" 350 An act in relation to reports of state ofi&cers. Nov. 11. 

" 358 An act to abohsh the office of county superintendent 
of common schools. Nov. 13. 

" 361 An act for the establishment of teachers' institutes. Nov. 
13. 

" 388 An act in relation to appeals to the superintendent of 

common schools. Nov. 19- 

" 407 An act to authorize a sale of the real estate of School 
District No. 2, of the town of Flatbush in Kings county. 
Nov. 27. 

" 411 An act to reduce the number of trustees of Clyde High 
School and for other purposes concerning said school. 
Nov. 30. 

" 424 An act making appropriations for the support of common 
schools for the year 1848 and to pay the salaries of Coun- 
ty superintendents of common schools. Dec. 7. 

" 425 An act to incorporate the New York Society for the 
promotion of education among colored children. Dec. 
7. 

" 434 An act to authorize Joint School District No. 2, composed 
of parts of the counties of Livingston, Monroe, and 
Ontario to raise a tax. Dec. 10. 

" 443 An act relative to the valuation of property for school 
purposes in school districts situated in different towns. 
Dec. 11. 



252 EDUCATIONAL LEGISLATION IN NEW YORK 

1847 480 An act relative to the office of town superintendent of 

common schools and amendatory of the Revised Statutes 
entitled, "Of Public Instruction." Dec. 15. 

" 485 An act to provide for public instruction in Orphan Asy- 
lums. Dec. 15. 

1848 7 An act making appropriations for the expenses of Govern- 

ment for nine months of the fiscal year ending September 
13, 1848. Jan. 28. 

" 8 An act to appoint a Superintendent of Common Schools 

of the city of Brooklyn. Jan. 28. 

" 10 An act to revive and amend an act entitled, "An act to 

incorporate the Rome Academy." 1835 Ch. 168. 
Jan. 28. 

" 39 An act to revive an act entitled, "An act for the relief 

of the Shinecock Tribe of Indians," passed April 19, 1831. 
Feb. 17. 

" 71 An act in relation to the Public School Society of the city 

of New York. Mar. 4. 

76 An act in relation to the Orphan Asylum Societies at 
Brooklyn. March 7. 

81 An act to establish free schools in district No. 5, in the 
town of Flushing. Mar. 10. 

94 An act to secure to school districts No. 4 in Edmeston, 
and number 6 in the town of Pittsfield in the county of 
Otsego, the legacies of Adin Deming, deceased. Mar. 16. 

" 106 An act to incorporate the city of Auburn. Mar. 21. 

" 110 An act to amend Chap. 150 of 1842. Mar. 21. 

116 An act to incorporate the city of Oswego. Mar. 24. 

128 An act to authorize the Board of Education of the city 
of New York to estabHsh evening schools for the educa- 
tion of apprentices and others. Mar. 25. 

" 131 An act to amend Chap. 320 of 1844. Mar. 27. ^ 



EDUCATIONAL LEGISLATION IN NEW YORK 253 

1848 137 An act to provide for a free school in district No. 5, in 
the town of Newtown in the county of Queens. Mar. 27. 

" 138 An act to provide for a free school in district No. 4, in 
the town of Newtown in the county of Queens. Mar. 27. 

" 165 An act in relation to the Madison University. Apr. 3. 

" 174 An act providing for the election of City Superintendent 
of Common Schools of the city of Rochester by the elec- 
tors of said city. Apr. 4. 

" 179 An act in relation to the First School District in the city 
of Troy. Apr. 5. 

" 190 An act further to amend Chap. 63 of 1843. Apr. 6. 

" 192 An act to divide school district No. 13, in the town of 
Newburgh. Apr. 6. 

" 193 An act to amend Chap. 214 of 1831. Apr. 7. 

" 228 An act in relation to School District No. 12, in the towns 
of Milton and Ballston in the county of Saratoga. Apr. 
11. 

" 230 An act for the relief of the trustees of School District 
No. 10, in the town of Chatham in the county of Co- 
lumbia. Apr. 11. 

" 234 An act for the relief and benefit of the Cambridge Wash- 
ington Academy. Apr. 11. 

" 236 An act to appropriate portions of the income of the United 
States Deposits and Literature Funds to certain colleges 
and academies and for other purposes: Apr. 11. 

" 238 An act in relation to pubhc schools in the city of Syracuse. 
Apr. 11. 

" 280 An act in relation to Monroe Academy in the town of 
Elbridge in the county of Onondaga. Apr. 12. 

" 296 An act to incorporate the Liberty Normal Institute. 
Apr. 12. 

" 316 An act to reimburse to the New York Institution for 
the Instruction of the Deaf and Dumb certain expense 



254 EDUCATIONAL LEGISLATION IN NEW YORK 

incurred by them in furnishing clothing to the state pupils. 
Apr. 12. 

1848 318 An act for the permanent estabHshment of the Normal 

School. Apr. 12. 

" 365 An act to authorize the city of Albany to raise money by 
tax to build a district school house. Apr. 12. 

" 381 An act making appropriations for the expenses of govern- 
ment for the fiscal year commencing Oct. 1, 1848, and 
for other purposes. Apr. 12. 

1849 20 An act to levy a tax upon School District No. 14, in the 

towns of Milan and Pine Plains, to reimburse certain 
moneys to John Germond, David I. Hicks and Nathan 
Smith. Jan. 31. 

" 29 An act making an appropriation to the New York In- 

stitution for the Instruction of the Deaf and Dumb to 
enable them to pay off their debt. Feb. 5. 

" 47 An act to revise and amend the several acts relating to 

the city of Brooklyn. Feb. 19. 

" 50 An act to provide for the completion of the Normal 

School Building. Feb. 24. 

" 52 An act to incorporate the Genesee College. Feb. 27. 

" 62 An act to amend Chap. 145 of 1844. Feb. 28. 

" 78 An act to authorize the trustees of School District No. 

1, in the town of German Flats, to borrow money to 
build a school house. Mar. 6. 

" 98 An act authorizing a loan from the Common School 

Fund to the county of Orleans. Mar. 15. 

" 101 An act to amend the charter of the Jefferson County 
Institute. Mar. 15. 

" 117 An act to amend, Chap. 81 of 1848. Mar. 21. 

" 136 An act to confirm the ofiicial acts of Hiram W. Jackson, 
of the town of China, as Superintendent of Common 
Schools. Mar. 26. 



EDUCATIONAL LEGISLATION IN NEW YORK 255 

1849 140 An act establishing free schools throughout the state. 
Mar. 26. 

" 147 An act to amend Chap. 144 of 1827. Mar. 27. 

" 152 An act to incorporate to Saint Vincent's Orphan Asylum 
Society m the city of Albany. Mar. 27. 

" 154 An act to require the town of Norfolk to pay the town 
of Louisville certain school moneys. Mar. 27. 

166 An act to amend an act entitled, "An act to consohdate 
and amend the act to incorporate the city of Buffalo, 
passed April 20, 1832, and the various acts amendatory 
thereof, passed April 17, 1843. Mar. 29. 

" 174 An act making appropriations for the support of Common 
Schools for the years 1849 and 1850. Mar. 30. 

" 184 An act to amend and consohdate the several acts relatmg 
to the city of Utica. Mar. 31. 

" 189 An act to authorize the inhabitants of Joint School Dis- 
trict No. 5, in the town of Attica, county of Wyoming 
and town of Alexander, county of Genesee, to raise 
money. Apr. 2. 
198 An act to amend the charter of the city of Troy and to 
provide for the estabhshment of free schools m said 
city. Apr. 4. 

203 An act to authorize the town of Little Valley in the County 
of Chattaraugus, to raise money for the rehef ot Lyman 
S. Pratt. Apr. 4. 

208 An act to annex a part of the town of Rockland to the town 
of Liberty in the county of Sullivan. Apr. 4. 

" 244 An act to incorporate the American Female Guardian 

Society. Apr. 6. 
" 253 An act in relation to the Utica Female Academy. Apr. 6. 

267 An act in relation to the Fabius Select School in the 
county of Onandaga. Apr. 7. 

" 270 An act to amend Chap. 176 of 1831. Apr. 7. 



256 




1849 


286 


» 


301 


j> 


319 


)> 


349 


» 


382 


>3 


388 


>> 


396 


>J 


404 


JJ 


428 


» 


430 


1850 


7 


j> 


14 



EDUCATIONAL LEGISLATION IN NEW YORK 

An act in relation to Common Schools in the village of 
Medina. Apr. 9. 

An act appropriating the revenues of the Literature and 
United States Deposit Fund. Apr. 10. 

An act to amend, "An act to incorporate the Liberty 
Normal Institute," passed April 12, 1848. Apr. 10. 

An act to amend an act entitled, "An act to incorporate 
the Fulton Academy," passed April 11, 1842. Apr. 11. 

An act to amend Chap. 480 of 1847. Apr. 11. 

An act to amend Chap. 172 of 1847. Apr. 11. 

An act to amend Chap. 320 of 1844. Apr. 11. 

An act to amend Chap. 140 of 1849. Apr. 11. 

An act to amend Chap. 264 of 1817. Apr. 11. 

An act making appropriations for the support of Govern- 
ment for the fiscal year commencing October 1, 1849. 
Apr. 11. 

An act to amend, Chap. 140 of 1849. Jan. 31. 

An act authorizing school district No. 6, in the town of 
Lyons to collect a tax, voted by them in instalments. 
Feb. 16. 

17 An act making appropriations in part for the expenses 
of government for the fiscal year commencing October 1, 
1849 and for other purposes. Feb. 22. 

25 An act to provide for the erection of a school house in 
district No. 5, in the town of Rome, and to change the 
site thereof. Mar. 1. 

30 An act relative to the trustees of Alfred Academy. Mar. 
2. 

32 An act in relation to the free schools in the city of Roches- 
ter. Mar. 2. 

37 An act establishing a fund for the benefit of the Stock- 
bridge Indians. Mar. 2. 



EDUCATIONAL LEGISLATION IN NEW YORK 257 

1850 49 An act to amend the several acts relating to Rensselaer 
Institute. Mar. 8. 

51 An act to amend Chap. 114 of 1846. Mar. 8. 

" 60 An act to estabhsh a free school in district No. 3, in the 

town of Newtown. Mar. 16. 

" 66 An act in relation to common schools in the city of Utica. 

Mar. 15. 

» 77 An act to amend Chap. 51 of 1847. Mar. 18. 

» 78 An act to authorize the trustees of School District No. 

2, in the town of German Flats, to borrow money and 
to impose a tax for the repayment of the same. Mar. 20. 

An act for the relief of the Roman Catholic Orphan 
Asylum in the city of Brooklyn. Mar. 23. 

An act to provide for the support and education of a 
hmited number of Indian youths of the state of New York 
at the state Normal School. Mar. 23. 

An act to amend the charter of the Manhattanville 
Free School in the city of New York. Mar. 27. 

An act to confirm the proceedings of the Board of Super- 
visors in the county of Allegany. Mar. 28. 

135 An act making an appropriation to the Normal School 
Building. Apr. 1. 

143 An act to reorganize and regulate the Common Schools 
and the Board of Education in the city of Brooklyn. 



87 
89 

101 
109 



Apr. 4. 
146 An act to amend the charter of Syracuse. Apr. 4. 

184 An act requiring the Supervisors of the several towns to 
take further security from the Town Supermtendents ot 
Common Schools whenever it is necessary for the safety 
of the pubHc money. Apr. 6. 

187 An act to divide the 12th Ward of the city of New York 
into 2 wards. Apr. 6. 



258 EDUCATIONAL LEGISLATION IN NEW YORK 

1850 206 An act to incorporate the New York Medical College. 
Apr. 8. 

" 259 An act authorizing a loan to the town of Alfred, in the 
county of AUegany, and to authorize the town of Alfred 
to reloan the same money to the trustees of the Alfred 
Academy. Apr. 10. 

" 261 An act to provide for the better education of the children 
in the several Orphan Asylimis in this state other than 
in the city of New York. Apr. 10. 

" 262 An act to amend and consolidate the several acts relating 
to the city of Rochester. Apr. 10. 

" 274 An act to provide for the pa5anent of certain expenses 
of government. Apr. 10. 

" 293 An act to consolidate School Districts No. 1 and 8, in 
the town of Herkimer and authorize them to borrow 
money. Apr. 10. 

" 294 An act to amend an act entitled, "An act making an 
appropriation for the support in part of certain incor- 
porated Orphan Asylums in this state," passed April 
11, 1849. Apr. 10. 

" 305 An act to authorize the Comptroller to loan money to 
the coimty of Jefferson. Apr. 10. 

" 321 An act to amend. Chap. 286 of 1849. Apr. 10. 

" 341 An act to estabHsh free schools in the village of Cohoes. 
Apr. 10. 

" 349 An act to regulate the free schools in the city of Auburn. 
Apr. 10. 

" 353 An act in relation to free schools in the city of Troy, 
and School District No. 10, in the town of Lansingburgh. 
Apr. 10. 

" 357 An act to authorize the Board of Education of the city 
of Brooklyn to sell a certain school lot. Apr. 10. 

" 356 An act making appropriations for the support of the 
Government for the fiscal year commencing Oct. 1, 
1850. Apr. 10. 



EDUCATIONAL LEGISLATION IN NEW YORK 259 

1850 378 An act to submit to the people at the next annual elections 
the question of the repeal of the act establishing free 
schools throughout the state. Apr. 10. 



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of population. 
Census of the State of New York 1875. 

Contains table gf aggregate population by counties from 1790 to 1875. 
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Census, United States Bureau of the: Department of Commerce and Labor, 1908. 

Heads of Families in 1790. 
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the original records. 
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Reports of the New York Institution for the Deaf and Dumb, 1818-1850. 



EDUCATIONAL LEGISLATION IN NEW YORK 261 

These reports are to be found in Legislative Documents. They are also pub- 
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Reports of the Regents of the State of New York 1788-1850. 

Report to the Secretary of War of the United States on Indian Affairs, comprising 
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Reports of the State Superintendent of Common Schools 1813-1820. ' 

Reports of Secretary of State as Superintendent of Common Schools 1821-1850. 
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Report of the Treasury Department. Immigration 1820-1903. 

Revised Statutes of the State of New York 1827, 1836, 1846. 

Senate Journals, New York 1777-1850. 

Senate Docmnents, New York 1830-1850. 

United States Bureau of Education. 

Special Report 1888. A. C. Fletcher. Indian Education and Civilization. 
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Addis, Wellford 

Federal and State Aid to Higher Education. U. S. Bureau of Education. 
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Barnard, Henry 

The American Journal of Education. 1855-1880. 31 Vols. New York. 
Blackmar, Frank Wilson. 

The History of Federal and State Aid to Higher Education in the United 
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Boese, Thomas 

Public Education in the City of New York. New York, 1869. 
Bourne, Edward Gaylord 

The History of the Surplus Revenue of 1837. New York, 1885. 
Brown, Samuel Windsor 

Secularization of American Education. Teachers' College, Columbia, 1912. 
Carlton, Frank Tracy 

Economic Influences on Educational Progress in the United States. 1820-1850. 
Univ. of Wis. Economics and PoUtical Science Series, Vol. 4, No. 1, 1908. 
Clark, Joshua V. H. 

Onondaga, 2 Voliunes. Syracuse, 1849. 
Clews, Elsie Worthington 

Educational Legislation and Administration of the Colonial Governments, 
Macmillan, 1899. Coltunbia University contributions to Philosophy, Psychologv 
and Education, Vol. 6, No. 1-4. 
Cobb, Sanford H. 

The Story of the Palatines. 1897. 
Columbia College, A History of, 1754-1904. 
Colimibia University Press, 1904. 



262 EDUCATIONAL LEGISLATION IN NEW YORK 

Dix, J. A. 

School Acts and School Decisions. Albany, 1837. 
Donaldson, Thomas Corwin 

The Public Domain, Its History with Statistics. Washington, 1884. 
Draper, A. S. 

Origin and Development of the New York Common School System. Albany, 
1890. 
Dunshee, Henry Webb 

History of the School of the Reformed Protestant Dutch Church in the City 
of New York from 1633 to the present time. 1853. 
Dwight, Timothy 

Travels in New England and New York, 4 Vols. New Haven, 1821. 
Faust, A. B. 

The German Element in the United States, 2 Vols. Boston, 1909. 
Fitch, Charles E. 

A History of the Common School in New York contained in the Annual 
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Albany, 1904. 
Halsey, Francis Whiting 

The Old New York Frontier, 1614-1800, New York, 1901. 
Hammond, Jabez D. 

History of PoUtical Parties in New York. 1812 to 1840. 2 Vols. Albany, 1850. 
Hanna, Charles A. 

The Scotch Irish, or the Scot in North Britain, North Ireland and North Amer- 
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Hasse, Adelaide R. 

Index of Economic Material in Documents of the States of the United States. 
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Hotchkin, James H. 

History of the Purchase and Settlement of Western New York, New York, 
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Hough, Franklin Benjamin 

Historical and Statistical Record of the University of the State of New York 
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Jones, Pomeroy 

Annals and Recollections of Oneida County. Rome, 1851. 
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Union and Democracy. Boston, 1915. 
Kemp, WilUam Webb 

The support of schools in Colonial New York by the Society for the Propaga- 
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The Dutch Schools of New Netheriand and Colonial New York. United 
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Lincoln, Charles Zebina 

Constitutional History of New York from the beginning of the Colonial Period 
to the Year 1905. Rochester, N. Y. 1906. 5 Vols. 
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Messages from the Governors, 11 Vols. 1683-1906. Albany, 1909. 



EDUCATIONAL LEGISLATION IN NEW YORK 263 

Martin, George H. 

Evolution of the Massachusetts PubUc School System. New York, 1902. 
Mathews, Lois Kimball 

The Expansion of New England, 1620-1865. New York, 1909. 
Macauley, James 

History of the State of New York. 3 Vols. 1829. 
McMasters, John Bach 

History of the People of the United States. 8 Vols. New York, 1900-1913. 
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Annals of Public Education in the State of New York, found in Proceed- 
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New York, held July 6, 7, 8, 1875. 
Pratt, D. J. 

Summary of Legislative Grants and Purchases for Benefit of Academies in 

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A digest of the Common School System of the State of New York, with Forms, 

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New York. American Commonwealths Series. 2 Vols. New York, 1904. 
S chafer, Joseph 

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History of the United States. 7 Vol. Revised edition. New York, 1894. 

Sherwood, Sidney 

The University of the State of New York. U. S. Bureau of Education, 
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The Financial History of New York State from 1789 to 1912. New 
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Spafford, Horatio Gates 

A Gazetteer of the State of New York. 1813. 
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Library of American Biography. Life of Samuel Kirkland, Second Series 
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Steiner, Bernard Christian 

The History of Education in Connecticut. Washington, 1893. U. S. Bureau 
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Swift, Fletcher Harper 

A History of Public Permanent Common School Funds in the United States, 
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A History of the American People. 5 Vol. New York, 1901. 
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Narrative and Critical History of America, 8 Vols. Cambridge, 1884-1889. 



264 EDUCATIONAL LEGISLATION IN NEW YORK 

Winterbotham, Wm. 

An Historical, Geographical, Commercial and Philosophical View of the United 
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4 Vols. New York, 1796. 



INDEX 



Academies, 1, 9, 22, 23, 28, 29, 37-39, 

41-51, 74, 99, 112, 119, 120, 138-144, 

150, 176. List of Academies, 180-198. 
Albany, 11, 12, 34, 37, 98, 100, 101, 103, 

107, 108, 200; Female Academy, 74, 

183, 194. 
Amenia Academy, 74, 188. 
American Academy of fine Arts, 172-201. 
Appeals, 58-59. 

Apprentices, 84,96-97, 169 note 105, 179. 
Auburn, 106, 107, 108, 110, 200. 
Blind, Education of, 94, 168-169. 
Board of Education, 94, 103. 
Brooklyn, 12, 104, 108, 109, 110, 200, 201. 
Buffalo, 12, 105, 106, 107, 108, 109, 110. 
Canandaigua, 171, 199; academy of, 74, 

180. 
Catskill, 99, 100, 101, 102, 171, 199, 200. 
Certification of teachers, 28, 33, 67-71. 
Charity schools, 25, 29, 176; in New York 

City, 81-96. 
Church Schools, 3-4, 81. See Charity 

schools. 
Clermont, 25 note 18, 128. 
Clinton Academy, 139, 180. 
Clinton, George, 9, 14, 18, 26, 30, 36, 

150, 175. 
Clinton, DeWitt, 50, 71, 77, 175, 176. 
Cohoes, 103, 106, 110. 
Colgate, University, 40 note 25. 
Colleges, 1, 9, 37-40, 121, 144-152. List 

of all colleges chartered, 40. See 

names of individual colleges. 
Colonial education and legislation, 3-4. 
Colored children. Schools for, 83, 86, 89, 

94, 106, 108, 110, 171. 
Columbia College, 18-25, 40, 118, 138, 

145-150, 174. 
Cortland Academy, 74, 183, 194. 
Common schools, 1, 9, 15-17, 25-36, 

52-80, 81-110, 112, 119, 120, 132-139, 

150, 173. 
Compulsory education, 179. 



Constitutional provisions for education, 
4,39, 114-115. 

Curriculum, for academies, 28, 38,45-50; 
for the blind, 169; for colleges, 50; 
for common schools, 17, 26, 28, 33, 
36, 57, 62, 68-69, 77-79; for the deaf, 
168; for the blind, 169. 

DeKalb, 124, 127, 128. 

District organization and administra- 
tion, 32-34, 52-56, 81. 

Deaf and dumb, education of, 163-168. 

Elementary education, see Common 
schools. 

Erasmus HaU, 74, 99, 138, 139, 144, 180. 

Evening schools, 96-97, 106, 108. 

Fairfield Academy, 74, 181, 193. 

Farmers' Hall, 99, 139, 144, 180. 

Flushing, 99, 106, 108, 110. 

Franklin Academy, 144, 186, 197. 

Free schools, 34, 83, 95, 109-110, 137-138, 
174. 

Free School Society, 82-96. 

Funds, common school, 29, 30-33, Hi- 
ll?, 120, 132, 134-137, 144, 160, 174, 
175, 176; Uterature, 38, 44, 71, 73, 74, 

75, 77, 111, 114, 118-120, 139, 140, 
142, 143, 144, 150, 165, 174, 176; town, 
121-132; United States Deposit, 38, 74, 

76, 77, 111, 115, 117, 120, 121, 132. 
142, 144, 150, 151, 160, 169, 174, 176, 

Genesee College, 40. 
Genesee-Wesleyan Academy, 74, 187, 

197, 198. 
Geneva College, 38, 40, 45, 150, 151, 152. 
Girls, education of, 50-51. 
Gospel and school lots, 5, 6, 118. See 

Funds, town. 
Gouvemeur High School, 144, 185, 197. 
Graded schools, 55, 80, 106. 
Hamilton, Alexander, 21, 22. 
Hamilton CoUege, 40, 43, 50, 149, 151, 

152. 
Hamilton Oneida Seminary, 50, 139, 140, 

180. 
Hawley, Gideon, 9, 34, 36, 44. 



266 



EDUCATIONAL LEGISLATION IN NEW YORK 



High schools, 80, 101-102, 107. 
Historical Society, New York, 172. 
Hudson, 98, 99, 100, 101, 102, 105-109, 

199. 
Inspection of schools and colleges, 28, 33, 

36, 43-44, 56, 62-66. 
Indians, 82, 135, 153-162. 
Ithaca, 200; Academy, 74, 183, 195, 197. 
Jay, John, 4, 9, 21, 29, 30. 
JuvenUe Delinquents, Society for, 13, 94 

note 30, 170. 
Kinderhook, 108; Academy, 74, 183. 
King's CoUege, 3, 4, 18, 19, 24, 174. 
Lancaster schools, 34, 51, 98, 99-101. 
Lansingburgh, 99, 100, 101, 110. 
Libraries, District, 79, 117, 121. 
Literary associations, 172, 199-201. 
Literature lots, 5, 6, 118, 121. 
Lockport, 103, 106, 107, 108. 
Lotteries, 29, 111-112, 113, 118, 139, 

147, 148, 149, 150, 165. 
Lowville Academy, 144, 182, 194, 195, 

197. 
Lyceums of Natural Histor>^, 171, 199- 

201. 
Madison University, 40, 151, 152. 
Manual Labor schools, 46, 167. 
Mechanics' societies, 14, 171, 172, 199- 

201. 
Mechanics' Society School, New York, 

89, 94 note 30. 
Medical schools, 40-41, 145, 148-152. 
Medina, 106, 107, 109. 
Middlebury Academy, 74, 183, 195. 
Monitorial schools. See Lancaster 

schools. 
Montgomery Academy, 74, 99, 138, 139, 

144, 180, 194. 
Motives for education, 14-17. 
National Academy of Design, 172. 
Natural History Societies, 199-201. 
New England, 3, 7-9. 
Newtown, 106, 108, 110. 
New York City, 11, 12, 27, 29, 31, 81-97, 

108, 110, 163, 168, 169, 170, 174. 
Normal Training, 36, 71-77, 143, 152, 174. 
North Salem Academy, 138, 139, 180. 
Ogdensburgh Academy, 144. 



Orphan Asylum schools, 86, 89, 93-94, 

96. 169-170. 
Otsego Academy, 140, 181, 194, 
Oxford, 125, Academy, 74, 180, 193, 194. 
Oyster Bay, 25, note 21, 130, 131. 

Academy, 99, 144, 181. 
Paupers, 85 note 11, 92, 170. 
Poor children, 34, 55, 60 note 55, 83, 84, 

85, 86, 91, 99, 101, 133, 134, 144, 163, 

See Charity schools and Apprentices. 
Poor funds, 121, 128, 129. 
Population, 1-2, 7, 10-13. 
Poughkeepsie, 99, 100, 101, 103, 106- 

107, 108, 109, 110, 171, 199, 200. 
Prim.ary schools, 107. 
Private schools, 4, 81, 86. 
Public lands, 5-6, HI, 112-113, 118, 119, 

121-122, 143. 
PubHc School Society, 91. See Free 

School Society. 
Rate bill, 132, 134, 137, 174. 
Regents, 18-25, 37-51, 178. 
Rehgious teaching, 20, 94, 95, 96. 
Reports, 28, 33, 43-45, 59-62, 137. 
Rochester, 12, 101, 104, 107, 108, 109, 110, 

200; Collegiate Institute, 74, 184, 190; 

High School, 101, 107, 184, 196. 
Saint John's College, Fordham, 40, 151, 

152. 
Saint Lawrence Academy, 74, 144, 182, 

194, 195, 196, 197, 198. 
Sandy HiU Academy, 144, 197. 
Schenectady, 98, 99, 100, 101, 102, 108. 

Academy, 139, 140, 189. 
School houses, 32, 54-55, 109, 133. 
School year, 35, 87, 90, 107, 108. 
Secondary education, 3, 80, 97, 176. 

See Academies. 
Societ)' for the Propagation of the Gos- 
pel, 3, 157, 159. 
Societies, Miscellaneous, for educational 

purposes, 171-172, 199-201. 
State Superintendent of PubUc Instruc- 
tion, 58, 162, 177. 
State Commissioner of Education, 178. 



EDUCATIONAL LEGISLATION IN NEW YORK 



267 



Superintendent of Common Schools, city, 

103-106; county, 36, 56-59, 64-66, 174; 

state, 18, 32, 58-59. 135, 137, 168 

town, 36, 56, 65, 174, 
Support of education, 26, 27, 29, 32-33, 

75-77, 85-88, 100, 111-152, 154-157, 

160-171. 
Supervision of schools, see Inspection. 
Syracuse, 103, 105, 110. 
Taxes for education, city, 86, 92, 95, 

96, 97, 100, 108-109, 110; county, 32; 

district, 32, 54, 132-134, 137; general 

property tax, 27; town, 32, 132-133. 
Teachers, qualifications and training, 36, 

46, 65, 66-77. See Certification and 

Normal Training. 
Teachers' Society, 199. 



Teachers' wages, 31, 66 note 83, 132. 

Text Books 57, 106, 107. 

Trade training, 167, 169. 

Troy, 102, 105, 107, 109, 110, 199. Aca- 

emy, 74, 184, 187. 
Tuition, 32, 91, 92, 108. See Rate bill. 
Union College, 40, 118, 138, 145-151, 174. 
Union Hall Academy, 139, 181. 
Union schools, 80 note 138, 107, 177. 
University of the City of New York, 40, 

41,97, 151, 152. 
University of the State of New York, 

18-25, 173, 174. 
Utica, 12, 101, 105, 107, 109, 172, 200. 
Washington Academy (Washington 

County), 74, 138, 139, 180, 194. 
Williamsburgh, 110, 200. 



